Judgement

Appeal (No. 80 of 1938) from a judgment and decree of the High Court (December 4, 1936) affirming a judgment and decree of the Subordinate Judge of Mymensingh (February 27, 1933).

The appellant, Hem Chandra Roy Chaudhury, was the proprietor of the Bailor Estate, in the district of Mymensingh, Bengal, and on attaining his majority in 1913 he appointed his grandmother, Nabin Kishore Chaudhurani, as trustee for the management of the estate. Between 1914 and 1917 they had

Law. Rep. 67 Ind. App. 309 ( 1939- 1940) Hem Chandra Roy Chaudhury V. Suradhani Debya Chaudhurani 108

jointly borrowed considerable sums of money from the Maharaja of Mymensingh on four mortgage deeds. The first of those mortgages was paid off by moneys raised from one Anath Bandhu Guha by means of a mortgage entered into on March 18, 1918. The other three mortgages were paid off with money raised by means of a mortgage of August 18, 1918, in favour of the first respondent, Suradhani Debya Chaudhurani, who lent Rs.1,20,000. The appellant and his grand mother also borrowed further sums from Anath Bandhu Guha under two mortgage deeds in 1920 and 1923.

The suit out of which this appeal arose was brought by the