1925 (1) TMI 7

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..... their maternal grandmother, Phulbasu Kunwar, in favour of the defendants respondents. The plaintiffs are the reversionary heirs of Sitaram Singh, the husband of Phulbasu Kunwar. It is alleged by the plaintiffs that there was no legal necessity in respect of the transaction of the 13th June 1889, and that in the circumstances they are entitled to recover the property from the defendants. The learn .....

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..... ppearing for the appellant does not dispute that the widow was entitled, in the circumstances, to raise money for the purpose of discharging the debt incurred by her and for performing the marriage ceremonies of her daughter and grand-daughter; but he contends that there was no necessity to discharge the usufructuary mortgage by sale of the mortgaged property. It is contended that under the terms .....

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..... led to raise the mortgage amount by sale of this property. 6. It follows that the plaintiffs have the right to recover the property upon payment to the defendants of Rs. 2,000 with interest upon Rs. 1,100 at 12 percent per annum with yearly rests from the date of sale up to the date when the money is actually tendered to the defendants. 7. We allow the plaintiff six months time redeem. L.C. Adami, .....

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