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1941 Supreme(Cal) 173

BISWAS, B. K. MUKHERJEA
Tarapada Banerjee – Appellant
Versus
Ajimaddin Mallik – Respondent


JUDGMENT

Biswas, J. - This rule arises out of an application u/s 36, Bengal Money-lenders Act, which was dismissed by the learned Subordinate Judge of Burdwan on the ground that the borrowers were not entitled to any relief. The facts of the case are briefly as follows : One Satya Charan Mukherjee died, leaving a widow, Tulsi Devi, a son, Kamalesh and three daughters. Kamalesh inherited his father's properties, but he died intestate and unmarried, leaving his widowed mother Tulsi Devi as his sole heiress. Tulsi Devi died in Ashar 1341 B.S., and upon her death the properties of Kamalesh devolved on the petitioners as the next reversioners, being the daughters' sons of Tulsi Devi. It appears that on 7th July 1920, Tulsi Devi borrowed a sum of Rs. 1500 from the opposite party, Azimuddin Mullick on the security of some of her properties. The loan carried interest at the rate of Re. 1/8 per cent, per month. Later on, on various dates in the year 1924, Tulsi Devi borrowed further sums from the same party and at the same rate of interest aggregating to a total of Rs. 1500. These were unsecured loans on promissory notes. In February 1927, the opposite party instituted two suits for recovery

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