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1908 DIGILAW 114 (MAD)

Puttanna v. Korapolu alias Bhagi Ammal

1908-09-10

ABDUR RAHIM, MUNRO

body1908
JUDGMENT 1. We are of opinion that the plaintiff has no charge upon the property for her maintenance. The sale-deed creates no such charge. It is the seller and not the plaintiff who would have a charge upon the property for any unpaid purchase money. What the plaintiff relies upon is merely a covenant by the vendee with the vendor to pay the plaintiff a certain quantity of rice annually. Such a covenant would not give rise to a charge Vide Webb v. Macpherson 31 Ch 57. We, therefore, allow the appeal and dismiss the plaintiffs suit with costs throughout.