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Reports of Cases Determined in the Court of Sudder Dewanny Adawlut, with Tables of the Names of the Cases and Principal Matters Volume 6

Reports of Cases Determined in the Court of Sudder Dewanny Adawlut, with Tables of the Names of the Cases and Principal Matters Volume 6


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1873 edition. Excerpt: ...his principals had taken out execution, and that the property which the plaintiff noiiv stated had been pledged to him, was sold by the Sheriff on 15th January 1829, in satisfaction. of the debt due to them. The plaintiff then objected to the sale, but his objections were rejected, and the sale proceeded. '. 165 On this the plaintiff filed a supplementary plaint including the present appellants sand the purchasers of the property at the Sheriff's sale among the defendants in this suit. Laljep gomashtah filed an answer to the some effect as his petition above given, and denied the mortgage to the plaintiff, pleading that the mere deposit of title deeds did not constitute a mortgage. Gopechurn Dutt, the purchaser at the Sheriff's sale, replied to the sa.me effect as the defendant Laljee. The Zillah Judge, Mr. H. Moore, gave judgment as follows: ----" The debt for the recovery of which the plaintiff sues the heir of Ram Lochnn Pal is clearly proved; as is also the deposit with the plaintiff of the title deeds of the property in Sulkea. These in fact are not denied. The property was attached by the Sheriff' in execution of a judgment of the Supreme Court in favor of the banking house of Hunoman Doss and Manohar Doss; the present plaintiff, on this, lost no time in stating to the Sheriff his claim to the land, and his objections to the sale founded thereon. The question is, whether under the circumstances, the sale by the Sheriff is to prejudice the right of the plaintiff to the lands of which he holds the title deeds. I consider the deposit by a borrower of the title deeds of his real property as security for a. debt, to be equivalent to a mortgage though no regular mortgage bond have been executed. I do not think therefore that the...


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Product Details
  • ISBN-13: 9781230093130
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 156
  • Spine Width: 8 mm
  • Width: 189 mm
  • ISBN-10: 1230093133
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 290 gr


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Reports of Cases Determined in the Court of Sudder Dewanny Adawlut, with Tables of the Names of the Cases and Principal Matters Volume 6
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