MANKOOTHIL CHETHUKUTTI NAIR Vs. KALYAMBATH KUNHUNNI NAIR

JUDGEMENT

(1.) In this case the lease Under the razinama reserved a right of preemption and pre- mortgage. These reservations are, in our opinion, valid conditions tinder Section 10 of the Transfer of Property Act, as being for the benefit of the lessor and are specifically enforceable against the covenantors and persons claiming under them by a title arising subsequently except in the case of transferees in good faith without notice.

(2.) The District Munsif found that the 5 defendant had notice and there was no appeal on this point.

(3.) In these circumstances, the plaintiff has rightly been allowed to redeem the 5 defendant's mortgage; Ashik Ali V/s. Mathura Kandu 5 A. 187. The second appeal is dismissed with costs.