High Courts(1895) 08 CAL CK 0012

Kanti Chandra Chattopadhya, Plaintiff vs Kristo Churn Acharjee, Defendant

Calcutta High Court · Decided on 16 August 1895

RESULT
Dismissed
CASE NUMBER
Appeal from Appellate Decree No. 1995 of 1893

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Judgment

2 paragraphs · 84 words
1.

The facts of the case are sufficiently set out in the judgments of the lower Courts. The only question argued before us was, whether upon a true construction of the testator''s Will the executor had power to mortgage any portion of his estate.

2.

We have considered the arguments of the learned Pleaders and are of opinion that the view taken by the lower Appellate Court that there was no such power is correct. The appeal fails and must be dismissed with costs.