High CourtsDivision Bench(1909) 12 AHC CK 0021

Inderjit and Another vs Bharat Singh

Allahabad High Court · Decided on 3 December 1909 · Citation: 4 Ind. Cas. 407

HON’BLE JUDGES
Piggott, J · Gorge Knox, J
RESULT
Dismissed

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Judgment

2 paragraphs · 65 words
1.

We are of opinion that under the terms of the particular contract embodied in the mortgage-deed in suit the intention of the parties was that the mortgagee should enjoy possession for ten years. The suit for redemption is, therefore, premature.

2.

We accordingly set aside the order of the lower appellate Court and restore the decree of the Court of first instance with costs.