SHAMSUDIN TAJBHAI Vs. DAHYABHAI MAGANLAL

JUDGEMENT

(1.) [His Lordship first set forth the facts of the case and dealt with the requisitions one by one:] I next take various requisitions relating to heirs as mentioned in various documents.

(2.) Nos. 1 to 5 relate to recitals in the conveyance of 1883 (Exh. L). That was a document about forty-seven years old, and the recitals contained therein should have been accepted, in the absence of anything throwing suspicion on their character, Mr. Kustamji, plaintiff's solicitor, has given uncontradicted evidence of the practice of Bombay solicitors to accept recitals in deeds of over twenty years old, in the same way as is done in England under the Vendor and Purchaser Act, 1874, (Williams, Vol. I, p. 136)...

(3.) In requisition No. 15 the vendor was required to furnish to the purchaser certified copies of the orders and consent decrees mentioned in the conveyance dated October 21, 1914, and the answer was "the vendor will do so at the purchaser's costs." I accept Mr. Rustamji's uncontradicted evidence that this answer accords with the practice of Bombay solicitors in the matter. This follows the practice in England under the Conveyancing Act, 1881 (Williams, Vol. I, p. 121). It might be the case that under the agreement of sale defendant might eventually be able to claim that half of such costs should be borne by plaintiff. What it apparently contemplates is that the bills of the two sets of solicitors should be pooled and shared half and half. But that does not affect the propriety of the answer to the requisition. In the first place the defendant had to bear the cost of getting the copies asked for. [ His Lordship next dealt with the question whether the plaintiff had made out a maketable title.] I find that plaintiff had made out a marketable title at the time he gave his notice of January 25, 1921. It seems to me that his title is really an exceptionally strong one, considering that the title deeds date back to 1808 and that it is supported by various consent decrees, as well as by very well-drawn documents like Exhts. I and J.