Weekly Notes of Cases Decided by the High Court, N.-W. P

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 Excerpt: ...1867, that the plaintiff's claim to redeem them cannot be sustained In view of the conclusions at which we have arrived upon the several points raised before us, in this appeal, we are prepared to give a decree to the plaintiffs for redemption of the seven villages includfcd in the mqjtgage which did not pass to Prag ... Read More

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 Excerpt: ...1867, that the plaintiff's claim to redeem them cannot be sustained In view of the conclusions at which we have arrived upon the several points raised before us, in this appeal, we are prepared to give a decree to the plaintiffs for redemption of the seven villages includfcd in the mqjtgage which did not pass to Prag Narain under his mortgage, ur-n payment of any sum which may be due, a/ter taking an account by them to the mortgagees on foot of the mortgage of 1880, and to dismiss the suit as regards the other 5 villages. As no account, however, has been taken in the Court below we cannot finally deal with his appeal, but must remand issues to that Court "under the provisions of section 566 of the Code of Civil Proceduije. The mortgagees have put it out of their power to deliver over possession of the 5 villages to the mortgagors on redemption. These villages ar% under section 82 of the Transfer of Property Act liable to contribute rateably to the debt. We must therefore ascertain what part of the principal debt of Rs. 19,500 is properly attributable to the seven villages in respect fit which we propose to pass a decree for redemption. We therefore aemand to the lower Court the following issues under the provisions of section 566: --(1) What portion of the mortgage debt is rateably attributable to the seven villages which we hold the plaintiff is entitled to redeem, regard being had to the amount of any incumbrances to which the villages respectively were subject at he date of the mortgage? (2) How much of the mortgage debt, if any, attributable to the seven villages remains unpaid to the mortgagees, after making allowance for the usufruct of the property by the mortgagees from the date of the mortgage? We direct the Court below to take such releva... Read Less

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2012, Rarebooksclub.com, Miami FL ISBN-13: 9781130912326 Trade paperback Select