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Baroda Churn Dutt and anr. Vs. Hemlata Dasi - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKolkata
Decided On
Judge
Reported in3Ind.Cas.561
AppellantBaroda Churn Dutt and anr.
RespondentHemlata Dasi
Excerpt:
occupancy raiyat - usufructuary mortgage--recognition of mortgage--acceptance of rent from mortgagee--landlord not entitled to khas possession. - .....and thereby rendered the holding liable to be recovered at the suit of the landlord. the answer to the plaintiff's claim is that in 1308 the mortgage was recognised as is shown by the written receipts of money on account of rent, wherein the payment of rent is expressed to be through baroda churn dutt, the mortgagee.' after this recognition it is clear that the plaintiff cannot succeed on the ground on which he based his claim. we must, therefore, reverse the judgment under appeal and that of the lower appellate court and restore the decree of the munsif with costs throughout.
Judgment:

1. The plaintiff in this case has obtained a decree for khas possession on the ground that defendant No. 1, a tenant, with an occupancy right, executed in favour of 'defendant No. 3 a usufructuary mortgage with possession and thereby rendered the holding liable to be recovered at the suit of the landlord. The answer to the plaintiff's claim is that in 1308 the mortgage was recognised as is shown by the written receipts of money on account of rent, wherein the payment of rent is expressed to be through Baroda Churn Dutt, the mortgagee.' After this recognition it is clear that the plaintiff cannot succeed on the ground on which he based his claim. We must, therefore, reverse the judgment under appeal and that of the lower appellate Court and restore the decree of the Munsif with costs throughout.


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