TaxTMI 
TaxTMI 
TaxTMI 
1930 (5) TMI 16
X X X X Extracts X X X X
X X X X Extracts X X X X
...., and the balance of ₹ 2,031 was payable to Nand Kishore and Mt. Janki Kuar in equal shares. On or about the time when the lease was executed Nand Kishore borrowed ₹ 2,500 from the lessee, but left that amount with him for payment to one Mangal Sen, in whose favour he had executed a promissory note for ₹ 2,100. 2. Under the terms of the lease ₹ 1,015-8-0 was payable to Mt. Janki Kuar. As regards his share of the rent, Nand Kishore entered into the following arrangement with the lessee. It was agreed upon that out of the rent due to Nand Kishore, i. e., ₹ 1,015-8-0 annually, the lessee would be entitled to deduct ₹ 500 per year with interest on the amount of ₹ 2,500 advanced by him to Nand Kishore a....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... personally enforceable against Nand Kishore but could not be enforced against his transferees. The lower appellate Court has taken a different view. It held that the plaintiffs, as the transferees of Nand Kishore, must be taken to take the property purchased by them subject to the conditions which bound the property at the time of the auction sale. 5. The principle question which arises in the case is as to whether a charge has been created upon the property by the lease, dated 8th August 1923. The answer to this question depends upon the construction of the lease. The covenant contained therein that the lessee should appropriate to himself a portion of the rent payable by him towards the satisfaction of a debt due to him is a material te....
X X X X Extracts X X X X
X X X X Extracts X X X X
....hich gave rise to this decision are instructive: A father, upon the marriage of his daughter, executed a deed whereby he covenanted to pay his daughter an annuity, and for the purpose of securing annuity appointed a receiver of the rents and profits of lands to which he had an estate for life with a direction to apply the moneys received as specified in the deed. 7. It was held that the deed created a charge upon the father's life estate in the lands. 8. In order to constitute a charge it is not necessary to employ any technical terms; where the intention of the parties concerned was to indicate in unambiguous language that a definite fund should be employed for the discharge of a particular debt or claim and there is no ambiguity ei....