Judgement

Law. Rep. 68 Ind. App. 144 ( 1940- 1941) Bhowanipur Banking Corpn. Ltd. v. Sreemati Durgesh

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Appeal (No. 79 of 1939) from a decree of the High Court (June 6, 1938) which had reversed a decree of the Court of the Subordinate Judge, 24-Parganas (April 23, 1935).

The suit out of which this appeal arose was for the recovery of Rs. 63,236-10-3, being principal and interest due on a mortgage bond, dated June 27, 1925. The executant of the bond, the respondent, was the widow of one Kalidas Roy Chowdhury. The bond set out that Kalidas was indebted to the appellant bank in the sum of Rs. 1,78,965-4-7, that it was impossible for him to pay off the debt in full from his own resources, and that the mortgagor had determined to reduce her husbands debt as far as possible by borrowing money by mortgaging her own properties. By the document she borrowed Rs. 30,000 repayable with interest at the rate of nine per cent, per annum. The bond was registered.

The appellant bank instituted the present suit on December 19, 1933, claiming a decree for Rs. 63,236-10-3, with interest, future and pendente lite, and in default of payment a decree for sale. The defendant, in her written statement, al