AIR 1923 CALCUTTA 679 ::1923 (37) Cal LJ 538 ::1923 (74) Ind Cas 555

Calcutta High Court

Hon'ble Judge(s): Mookerjee, Chotzner , JJ

Transfer of Property Act (4 of 1882) , S.10, S.12— Condition allowing alienation on payment of Nazarana is valid and is a covenant running with the land. A covenant to the effect that the tenant would, if he transferred the property, pay to the landlord, out of the purchase-money in his bands, one-fourth as nazar and would obtain registration of the name of the transferee, and that if this step was not taken, the transfer would be invalid and the tenant would continue to be liable for the rent is valid. (36 Cal. 1003 P. C. Foll.). The covenant is a covenant running with the land and binds the transferee from the tenant as well. As a general principle a covenant is deemed to run with the land if it is of such a nature that it directly affects the use of demised premises in a manner which the lessor thinks will be beneficial to him. An express covenant not to transfer the land without the consent of the landlord is a covenant which sufficiently attaches, and concerns the demised premises, and consequently is a covenant running with the land.