BHAGWATI Vs. BANARSI DAS

JUDGEMENT

(1.) This is an appeal from a decree of the High Court of Judicature at Allahabad which reversed a judgment and decree of the Subordinate Judge of Aligarh.

(2.) The question is a short and simple one. It arises under Section 55 of the Transfer of Property Act, Clause 1, Sub-section (g), and the bearing thereon of the terms of a particular contract of sale.

(3.) The parties were vendor and vendee of a certain piece of immoveable property. Section 55 is expressed in terms of a very absolute and clear character. It provides, the irrelevant parts of the section baing omitted, that in the absence of "a contract to the contrary," the buyer and the sailer of iinmoveable property are subject to liabilities and have rights, in the enumeration of the elementary proposition that the seller is bound to discharge all incumbrances then existing on the property. It is said, however, that this statutory obligation was negatived in the particular circumstances of this case by reason of the terms of the contract of sale.