1906 (8) TMI 1

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.... amount due under this pro-note must be paid to Kolaththooran Patter's son Venkatachelam Patter of Thathamangalain Patinharay Gramam, 7th Chingam 1075" is an assignment. (Vide Section 130 of the Transfer of Property Act.) This question has not been decided by the Subordinate Judge. We accordingly direct the present Subordinate Judge to decide the following issue on the evidence on record: ....

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....ebt or any beneficial interest in moveable property and no particular, words are necessary to effect such a transfer, if the intention to transfer is clear from the language used. Now the endorsement in question does not indeed contain any words whatsoever to show that the sum due under A has been assigned to the plaintiff. It is on the face of it an order for payment of that sum to the plaintiff ....

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....uty and penalty have already been levied, and so it is not open to any objection. I find that the endorsement in question is a valid equitable assignment in favour of the plaintiff. JUDGMENT 4. On the issue sent down the Subordinate Judge finds that the endorsement on Exhibit A amounts to a valid assignment. 5. Mr. Rosario takes objection to the finding, but we think the Subordinate Judge....