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LORT-WILLIAMS, LORD WILLIAMS
Trustees for the Improvement of Calcutta – Appellant
Versus
Purna Chunder Sinha – Respondent
JUDGMENT
Lort-Williams, J. - The plaintiffs in this case are the Trustees for the Improvement of Calcutta. There are three defendants. Purna Chunder Sinha, defendant 1, is the only one who contests the suit. By a registered indenture of mortgage dated 14th March 1927 made between the plaintiffs and defendant 1, defendant 1 mortgaged by way of first charge a piece of land, to secure payment of Rs. 36,250 being the price payable by him to the plaintiffs for the purchase of the said property, with interest and costs as provided in the deed.
2. The deed provides inter alia that defendant 1 shall pay a yearly rent charge of Rs. 2,175 representing interest on the said sum of Rs. 36,250 @ 6 per cent. per annum on the first day of April in every year. That if this payment remains unpaid for 15 days, then the whole sum of Rs. 36,250 shall become due and payable with interest thereon @ 6 per cent, and that it shall be lawful for the plaintiffs to enter into and upon and to hold all or any part of the mortgaged property and to proceed to a sale thereof by public auction or private contract.
3. Defendant 1 paid the yearly interest up to 31st March 1931. He failed to pay interest as it became due
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