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1 - 3 of 3 (0.28 seconds)Sri K.L. Jagannada Raju Garu And Anr. vs Sri Rajah K.V.S.V.L.N.V.J.B. Prasada ... on 24 March, 1915
6. Dr. Abdul Majid has developed these points, and his points appear to be two, setting aside for the moment the Transfer of Property Act, upon the ground that it deals with an actual transfer or conveyance and not with a contract to transfer. It is contended that there is nothing in the reason of the thing to prevent two parties, who are concerned in the way in which these parties were concerned, from entering into a contract for the future sale of future expectations. It is admitted that there is no authority to be found anywhere, which supports the view that such a contract is possible, and it in admitted that there is authority in India to the contrary, the authority in question being the case of Sri Jagannada Raju v. Sri Rajah Prasada Rao (1915) I.L.R. 39 Mad. 554, which so satisfied the learned Judge at the trial that he expressed his assent to the reasoning, without further discussion, and the High Court in its turn was satisfied also. The reasoning of that decision may well be summed up first in a quotation from the judgment of Chief Justice Wallis, and secondly, in a quotation from that of his colleague, Mr. Justice Tyabji.
Section 65 in The Indian Contract Act, 1872 [Entire Act]
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