Indra Narain Das And Anr. vs Badan Chandra Das And Ors. on 27 June, 1918

JUDGMENT

Walmsley, J.

1. The plaintiff-appellant made a speculative purchase of the land from the first defendant. The latter protected himself by inserting a Clause in the kobala to the effect that if the plaintiff-purchaser was dispossessed by anybody other than the vendor, the vendor would not be liable to the purchaser. The learned Subordinate Judge held that effect should be given to the saving clause, and I think he was correct. The appeal is dismissed with costs–one set to the defendant No. 1 and one set to the defendant No. 4, who appear by different Vakils.

Panton, J.

2. I agree.