Kolkata Court December 1936 Judgments

Kumar Pramatha Nath Roy Vs. Raja Janaki Nath Roy

Court: Kolkata

Reported in: AIR1937Cal194

1. This is an appeal from the decision of the learned Additional Subordinate Judge, Howrah, in a suit for enforcement of a mortgage. The mortgage in suit was executed on 11th November 1927 by Raja Promotha Nath Malia, (defendant 1) in favour of the plaintiffs Raja Janakinath Roy and Jadunath Roy; Kumar Pasupatinath Malia, son of the defendant 1, defendant 2 in the suit, was a party to the mortgage deed, and bound himself personally to satisfy the mortgage debt. The properties mortgaged were primarily those mentioned in Sch. D referred to therein, and the mortgage was for a consideration of Rs. 1,25,000 only, to be repaid with interest due thereon, on 11th November 1929. In connexion with the transaction evidenced by the aforesaid mortgage deed, it has to be mentioned that on 8th April 1924 defendant 1 executed in favour of the plaintiff a mortgage for Rs. 2,00,000 hypothecating properties described in Sch. A: there was another mortgage executed by defendant 1, in favour of the plaintif...