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    <title>1937 (10) TMI 7 - NAGPUR HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=200280</link>
    <description>A sale of proprietary rights coupled with a contemporaneous surrender of sir rights, arranged in advance as one transaction, was treated as a colourable device to evade section 49 of the Central Provinces Tenancy Act, making the surrender ineffective. The lawful sale of proprietary rights was held severable from the illegal surrender, so the sale could stand even though the surrender could not. On the majority reasoning, the suit for recovery of the surrendered land was within time because possession under the void surrender was not adverse in the statutory sense, and restoration of possession could be ordered on terms requiring repayment of the consideration received.</description>
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    <pubDate>Mon, 25 Oct 1937 00:00:00 +0530</pubDate>
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      <title>1937 (10) TMI 7 - NAGPUR HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=200280</link>
      <description>A sale of proprietary rights coupled with a contemporaneous surrender of sir rights, arranged in advance as one transaction, was treated as a colourable device to evade section 49 of the Central Provinces Tenancy Act, making the surrender ineffective. The lawful sale of proprietary rights was held severable from the illegal surrender, so the sale could stand even though the surrender could not. On the majority reasoning, the suit for recovery of the surrendered land was within time because possession under the void surrender was not adverse in the statutory sense, and restoration of possession could be ordered on terms requiring repayment of the consideration received.</description>
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      <pubDate>Mon, 25 Oct 1937 00:00:00 +0530</pubDate>
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