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RANKIN, MUKHERJI, MUKERJI
Abinash Chandra Bidyanidhi Bhattacharjee – Appellant
Versus
Dasarath Malo – Respondent
JUDGMENT
Rankin, C.J. - In this case, the plaintiff brought his suit upon a mortgage bond. The Munsif decreed the suit for the full amount holding that the execution of the bond had been proved and holding also as regards defendant 2 (who was interested because subsequently to the mortgage bond he had purchased a tin hut which was part of the mortgaged subjects) that the plaintiff's claim prevailed against the claim of the defendant 2. Defendant 2's case was that he had purchased the tin hut not from the mortgagor but from another. However, the Munsif decreed the suit both as regards the tin hut and the land. So far as defendant 1 is concerned, he did not appear at the trial to contest the suit. The contest was between the plaintiff and defendant 2 throughout. Defendant 2 appealed to the lower appellate Court and the first ground he took was that this mortgage was invalid because it had not been properly attested as required by law. On that issue, the learned Subordinate Judge of Dacca found for the appellant and held that the mortgage bond was not attested as required by law.
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