AIR 1941 NAGPUR 102

Nagpur High Court

Hon'ble Judge(s): Stone , C.J. AND Vivian Bose , J

(A) Deed - Construction - Case law is not very helpful for that purpose. In a matter turning on the construction of a document cases am not very helpful except to clear one's mind as to the essence of the transaction which the agreement is said to effect.(Para 103C2) (B) Transfer of Property Act (4 of 1882) , S.100— Charge in India cannot be compared with charge in England - No interest in property need be created but property must be made security for money - Charge held created. A charge in India cannot usefully be compared with a charge, legal or equitable, in England because in India such a charge is defined by statute. A charge is something other than a transfer of an interest in specific immovable property. It is not a question whether there is an expression of an intention to create an interest but whether on its true construction, the document makes immovable property security for the payment of money: Case Law discussed.(Para 103C2) By a document one J admitted liability. In respect of that liability he undertook to execute a charge bond over a specified share and rights in a village together with the sir land. J further had undertaken to get sanction for the transfer of sir and not to assign certain pr....