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1950 Supreme(Cal) 149

G.N.DAS, GUHA
RAJ KUMAR ROY – Appellant
Versus
MRITUNJOY DAS – Respondent


Advocates Appeared:
Apurba Charan Mukherjee, GANGANARAYAN CHANDRA, SHAMBHU NATH BANERJI

G. N. DAS, J.

( 1 ) THIS appeal is at the instance of the plaintiff in a suit for redemption. The facts are that on 30-8-1918 the plaintiff's father Annada Charan Roy Mahapatra borrowed money on a mortgage from the defendants father Gaya Prosad Das. The sum borrowed was Rs. 2,500 and carried interest at the rate of 2 per cent per month. Out of this sum, a sum of Rs. 1,600 was paid in satisfaction of the previous loan of the mortgagee and of one Trailokhya Mashani. The balance of Rs. 900 was retained by the mortgagee for payment of a contingent liability in favour of one Kripa Sindhu Paramanik. The property mortgaged consisted of two items of property, (1) three annas share of separate accounts Nos. 1 and 2 in mouzas Nij Menakapore and Uttar Arbala appertaining to touzi No. 2661 of the Midnapore Collectorate and (2) three annas share of a Khudra Niskar known as Rani Patni. These properties are set out Schedule Kha of the plaint. The terms of the mortgage bond which was for a period from 13th Bhadra 1325 B. S. corresponding to 30-8-1918 to the end of the Amli year 1350 were that the mortgagee would get into possession of the mortgaged property and out of the usufruct pay himself a s
















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