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Jagan Nath Singh Vs. Surjan Singh - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtAllahabad High Court
Decided On
Judge
Reported in(1880)ILR2All315
AppellantJagan Nath Singh
RespondentSurjan Singh
Excerpt:
mortgage - property situated partly in oudh and partly in the n.w.p.--foreclosure--regulation xviiof 1806, section 8. - - the circumstance that oudh is in some respects a distinct province from the north-western provinces does not, in our opinion, take the case out of the operation of that ruling, inasmuch as regulation xyii of 1806 was in force in oudh as well as in the north-western provinces at the time of the fore-closure proceedings......that, according to section 8, regulation xvii of 1806, where mortgaged property is situate in two districts, an order of foreclosure relating to the whole property may be obtained in the court of either district. the circumstance that oudh is in some respects a distinct province from the north-western provinces does not, in our opinion, take the case out of the operation of that ruling, inasmuch as regulation xyii of 1806 was in force in oudh as well as in the north-western provinces at the time of the fore-closure proceedings. the appeal is dismissed with costs.
Judgment:

Pearson, J.

1. The first and last of the pleas in appeal are not pressed and are indeed admitted not to be tenable. The second plea is over-ruled in reference to the Privy Council's ruling in the case of Ras Muni Dibiah v. Pran Kishen Das decided on the 27th June 1848 4 Moore's Ind. App. 392, that, according to Section 8, Regulation XVII of 1806, where mortgaged property is situate in two Districts, an order of foreclosure relating to the whole property may be obtained in the Court of either District. The circumstance that Oudh is in some respects a distinct Province from the North-Western Provinces does not, in our opinion, take the case out of the operation of that ruling, inasmuch as Regulation XYII of 1806 was in force in Oudh as well as in the North-Western Provinces at the time of the fore-closure proceedings. The appeal is dismissed with costs.


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