High CourtsDivision Bench(1898) 06 AHC CK 0004

Nihali vs Mittar Sen and Others

Allahabad High Court · Decided on 8 June 1898 · Citation: (1898) ILR (All) 446

HON’BLE JUDGES
Burkitt, J · Blair, J
RESULT
Allowed

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Judgment

1 paragraphs · 135 words

Blair and Burkitt, JJ.—We concur with the judgment and the reasons for that judgment Riven by the Calcutta Court in the case of Poresh Nath Mojumdar v. Ramjodu Moiumdar ILR Cal. 246, which has been acted upon by a Bench of this Court in the case of Raham Ilahi Khan v. Ghasita ILR All. 375. In this case a decree was made u/s 86 of the Transfer of Property Act, but had not been brought to maturity by an order absolute u/s 87. The money to be paid for redemption of the mortgage was tendered and deposited in Court. In our opinion, if the sum tendered were sufficient, it ought to have b?en accepted and an order given for redemption. That must now be done. We allow the appeal. The appellant will have his costs.