ITTOOP Vs. MATHUNNI
LAWS(KER)-1963-11-16
HIGH COURT OF KERALA
Decided on November 28,1963

ITTOOP Appellant
VERSUS
MATHUNNI Respondents


Referred Judgements :-

ANANDA BEHERA VS. STATE OF ORISSA [REFERRED TO]


JUDGEMENT

- (1.)"That amounts to a licence to enter on the land coupled with a grant to catch and carry away the fish, that is to say it is a 'profit a prendre'. In England this is regarded as an interest in land because it is a right to take some profit of the soil for the use of the owner of the right. In India it is regarded as a benefit that arises out of the land and as such is immovable property. " (Ananda Behera v. State of Orissa - AIR. 1956 sc. 17.) The consideration for the grant of such a right cannot be characterised as 'price of goods sold'. The contention fails.
(2.)NO other question is raised here. The appeal is without force and is dismissed. NO costs. Dismissed.
;


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