High CourtsDivision Bench(1917) 07 CAL CK 0059

Sayed Rajab Ali Mian and Another vs Pandu Mullick and Others

Calcutta High Court · Decided on 2 July 1917 · Citation: 41 Ind. Cas. 396

HON’BLE JUDGES
Richardson, J · N.R. Chatterjea, J

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Judgment

2 paragraphs · 79 words
1.

It is found that the tenant who executed the usufructuary mortgage never left the village for good. As a matter of fact within a short time after the mortgage, his sons came back and they are in possession of a portion of the land. The Court of Appeal below, upon a consideration of these circumstances, has come to the conclusion that there was no abandonment.

2.

That being so, the appeal must fail and is dismissed with costs.