Case Review of Mohamad Syedol Arifin V. Yeoh Ooi Gark

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Case Comment on Mohamad Syedol Arifin v. Yeoh Ooi Gark

TABLE OF CONTENTS

INDEX OF AUTHORITIESii
Table Of Stautesii
List Of Abbrevationsii
List Of Casesii
1. INTRODUCTION1
1.1. Research Methodology3
1.2. Research Plan3
2. FACTS OF THE CASE5
3. ISSUES OF CASE6
4. CONTENTIONS7
4.1 The Appellant7
4.2 The Respondent7
5. JUDGMENT OF THE CASE9
5.1 At Trial Court9
5.2 At The Court Of Appeal (HIGH COURT)9
5.3 At The Privy Council Of Straits Settlements9
6. COMMENT ON THE CASE11
7. BIBLIOGRAPHYiii
Literary Sources:iii
Internet Sources:iii

Index Of Authorities

Table Of Statutes

1. The transfer of property Act, 1882.
2. The Indian evidence act, 1872.
3. The Indian contract Act, 1872.

List Of Abbreviations

AIRAll India Reporter
Co.Company
Ltd.Limited
p.Page
pp.Pages
Pvt. Private
SCSupreme Court
SCCSupreme Court Cases
v. Versus

List Of Cases

Mohammed Syedol Ariffin v. Yeoh Ooi Gark5
Mohoribibee v. Dharmodas Ghose6
Lakhwinder Singh v. Paramjit Kuar6
M.S. Madhusoodhanan v. Kerela Kaumudi P. Ltd6
Mir Sarwarjan v. Fakhruddin Mohammed Chowdhury6
Srikakulam Subrahmanyam v. Kurra Sabha Rao6
R. Leslie, Ld. v. Sheill7
Haines v. Guthrie9
Ram Chandra Dutt v. Jogeswar Narain Deo9
Dhanmull v. Ram Chunder Ghose9
Oriental Government Security Life Assurance Co. v. Narasimha Chari9 1. Introduction

The conveyance at present or in future of the property by the transferor to himself or to the transferee during their life time can be called the transfer of property.[1] The transfer can be made of both movable and immovable property. However, there can be no transfer of property in the cases specified under Section 6 of The Transfer of Property Act, 1882. The transfer of property can take place in any of the forms under mentioned. Sale of the property transfers the same from the seller to the buyer. The property in goods in deliverable stage often passes as soon as the contract of sale is made. However, property transfers only when it is delivered or delivered to be reached to the buyer, in cases otherwise. The property could be transferred by the way of mortgages in relation to immovable properties and pledge pertaining to movable properties. Lease is another way of transferring property. Yet another way of transferring property is by the way of gift. The property could be transferred only by the persons of the age of majority, having title and authority to do so.[2] The transfer is void if otherwise over which the transferee would not have any good title. However, if such transferor had acted fraudulently and erroneously or misrepresented, he loses hold over the property.[3] The transferee then gets good title on property so transferred. He shall have all the interest which the transferor may acquire in such property at any time during which the contract of transfer subsists.[4] In the case under consideration, i.e., Mohammed Syedol Ariffin v. Yeoh Ooi Gark, (1916) LR 43 IA 256, the fact that the transferor was a minor at the time when he mortgaged certain properties as security for raising loan from the transferee, makes the transfer void. Therefore, the transferee cannot be made to pay on the property mortgaged. It would mean an enforcement of void contract vide Section 11[5] of the Indian Contract Act, 1872, read with Section 10[6] of the same. As evidence in support of pea of infancy, there was tendered at the trial an entry recording the date of defendant’s birth made by his deceased father in a book in which he made similar entries with regard to his family. The entry was held admissible as evidence having regard to the Indian Evidence Act, 1872, Section 32[7], sub- Section 5[8] and illustration (l)[9] appended to the Section. Now, briefly dealing in with the laws involved in the case under consideration; the case in question has fair amount discussions on transfer...
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