Kolkata Court September 1897 Judgments
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Ram Jewan Misser and ors. Vs. Jagarnath Pershad Singh and ors.
Court: Kolkata
Decided on: Sep-01-1897
Reported in: (1898)ILR25Cal450
Trevelyan and Stevens, JJ.1. In this case we are of opinion that the learned Subordinate Judge has erred in the conclusion at which he has arrived. The suit was brought under the provisions of Section 68 of the Transfer of Property Act to obtain payment of certain mortgage money on the ground that the mortgaged property had been wholly destroyed by having been flooded with water. There were two mortgages, one dated Magh 1280, and the other Sraban 1280. The learned Munsif gave a decree in respect of both the mortgages. But the Subordinate Judge, while upholding the decree in respect of the mortgage of Magh, has upset it with regard to the mortgage of Sraban.2. The mortgage of Magh was unquestionably an usufructuary mortgage. The mortgagee was put into possession and was allowed to take the profits of the property as the interest of the money advanced by him, and the mortgagor was to pay the principal of the money on the full-moon day of any Jeyt succeeding the date of the mortgage. The ...
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