Court : Kolkata
Decided on : Jan-17-1898
Reported in : (1898)ILR25Cal371
Jenkins, J.1. On the 14th November 1893 the defendant executed, in favour of Luckhinarain Singh, the original plaintiff in the suit, a mortgage of certain immoveable properties, which had devolved on the defendant under the will of his grandfather, and on the 20th February 1895 this suit was instituted, whereby it is prayed:(a) That the defendant may be decreed by this Honourable Court to pay to the plaintiff the sum of Rs. 5,000, together with the interest due thereon, and the costs of this suit on some day to be fixed by this Honourable Court, and that in default thereof the right to redeem the said mortgaged premises may be foreclosed.(b) That the said premises may be sold, and the sale proceeds applied in and towards the repayment of the said sum of Rs. 5,000, and the interest thereon, and the costs of this suit.(c) That if the sale proceeds be not sufficient for the payment in full of the said amounts, the said defendant be decreed and ordered to pay to the plaintiff the amount of...
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