V R RAMASUBBA RAJU Vs. SESHAMMA

JUDGEMENT

(1.) This is an administration suit in which a preliminary decree has already been passed. The question that I am now called on to decide is, whether claimant 4, who is a creditor of the estate has a lien in respect of unpaid purchase money.

(2.) The suit relates to the estate of Mr. P.V. Ramachandra Raju, deceased, who was a vakil of this Court. The claimant No, 4 Thayamanaswami sold to Mr. Raju on the 24 December 1921, certain immovable property at Madras. The deed of sale mentions that the price settled was Rs. 30,000 of which Rs. 18,000 is stated to be the amount received by the vendor in cash. In regard to the balance of the purchase money there is the following recital in the sale-deed: Deducting the said sum of Rs. 18,000, I have agreed and undertaken to deliver the title deeds relating to these properties and after delivering the same to you receive from you the balance of Us. 12,000 for purchasing other properties as stated above.

(3.) One of the questions to be tried is : Has the vendor a statutory charge upon the property under Section 55, T.P. Act?