Kolkata Court March 1913 Judgments

Abhuram Sil and ors. Vs. Hara Chand Das and ors.

Court: Kolkata

Reported in: 29Ind.Cas.746

1. This is an appeal by the plaintiffs in a suit for redemption of a mortgage by way of conditional sale. The mortgage was granted on the 14th October 1889 by the predecessor-in-interest of the plaintiffs to a lady named Anandamoyee, now represented by the defendants. The mortgagee entered into possession under the terms of the contract, which entitles her to apply the profits partly in payment of the dues of the superior landlord and partly in satisfaction of the interest on the mortgage. The mortgage-deed fiarther provided that the mortgagor would be entitled to redeem the security on payment of the principal sum of Rs. 65 at any time. The present suit was commenced on the 25th June 1910. The defendants have successfully resisted, the claim of the plaintiffs, on the ground that the mortgagor had no right in the property mortgaged by her. In our opinion, it was not competent to the defendants to urge that the mortgagor had no title to the property given by wayof security, and the view...