Shivdev Singh v. Sucha Singh

Facts

• A document directed payment of money "from the estate" without identifying specific property
• The creditor claimed a charge existed under S.100 over the debtor's immovable property
• The question was whether this vague reference created a legal charge

Issue

1. Whether a direction to pay money "from property" (without specifically identifying which property is made liable) creates a charge under S.100.

Held

• No charge is created. S.100 requires immovable property to be specifically "made liable" for payment. A mere indication of the source of payment (e.g., "pay from my estate") is not sufficient to create a charge. There must be a clear intention to burden specific, identified property.

Ratio Decidendi

A charge is a real right (right against property). To create a real right, the property must be identifiable. A vague reference to "estate" or "property" without specifying which plot, house, or land is insufficient. The test is whether the debtor clearly intended to make specific property answerable for the specific debt.