<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1981 (2) TMI 249 - MADRAS HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=198074</link>
    <description>A purchaser who knowingly enters a sale despite the vendor&#039;s defective title cannot sustain a claim for damages or refund, because the basis for breach of covenant is absent when the defect was accepted at the outset. Where the vendor had no title from inception and the purchaser was never put in possession, the breach is treated as occurring on the date of sale itself. Limitation for a refund claim therefore runs from that date, and a suit filed more than three years later is time-barred. On these facts, the decree against the vendor could not be sustained.</description>
    <language>en-us</language>
    <pubDate>Thu, 26 Feb 1981 00:00:00 +0530</pubDate>
    <lastBuildDate>Mon, 22 Jan 2018 15:03:41 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=505617" rel="self" type="application/rss+xml"/>
    <item>
      <title>1981 (2) TMI 249 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=198074</link>
      <description>A purchaser who knowingly enters a sale despite the vendor&#039;s defective title cannot sustain a claim for damages or refund, because the basis for breach of covenant is absent when the defect was accepted at the outset. Where the vendor had no title from inception and the purchaser was never put in possession, the breach is treated as occurring on the date of sale itself. Limitation for a refund claim therefore runs from that date, and a suit filed more than three years later is time-barred. On these facts, the decree against the vendor could not be sustained.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Thu, 26 Feb 1981 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=198074</guid>
    </item>
  </channel>
</rss>