Allahabad Law Journal

Cover Allahabad Law Journal
Allahabad Law Journal
Great Britain. Privy Council. Judicial Committee
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B.
Appeal dismissed.
XXXIX Digitized by Google 290 PRIVY COUNCIL.
\\, L. J. R.
PRIVY COUNCIL.
Civil 1908.
Marc/t, iS.
Lord Mac- NAGHTEN, Lord Atkinson, Sir Andrew SCOBLE, Sir Arthur Wilson.
T. P. PETHERPERMAL CHETTY versus R. MUNIANDY SERVAI and others.
Henamec transaction^ to effect a fraud— Object defeated— Ri^ht to recover possession — Instrument not operative — Setting aside of the instrument whether necessary — Limitation Act (XV of 1877), Art., g/, 144* In order to save his property from
...an equitable mortgagee one C executed a benamee deed of sale in 1895, ^^ favour of the defendant.
The equitable mortgagee brought a suit and got a decree against C, and his benamee transferree who paid him up. The representative of C brought this suit for possession of the property purported to have been sold. Held, that he was entitled to recover possession inasmuch as he was not carrying out the illegal transaction, but was seeking to put every one in the same position as they were in before that transaction was determined upon.


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