cover image: The All India Reporter  1950 - Orissa Section with parallel references to (1) I.L.R. 1950 Cuttack  (2) 16 Cuttack Law Times  (3) 51 Criminal Law Journal  Citation: A.I.R. (37) 1950 Orissa

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The All India Reporter 1950 - Orissa Section with parallel references to (1) I.L.R. 1950 Cuttack (2) 16 Cuttack Law Times (3) 51 Criminal Law Journal Citation: A.I.R. (37) 1950 Orissa

1950

His argument is that since, on the plaintiff’s own showing, the tenancy commenced on the nth of a month, the first day of the tenancy, namely, the 11th, has to be excluded from computation and consequently the tenancy would terminate on the nth of the succeeding month. [...] The plaintiff is certainly entitled to compensation for the occupation of the house by the tenant against the will of the landlord, but whether the remedy to be given to the plaintiff should be based on damages or compensation, it cannot be denied that he is entitled to be reimbursed for his having been kept out of possession of the house. [...] If 11th is included within the month of the tenancy, the month must terminate on the loth of the next month, the rule being that no particular day of a month should be twice included in the month of the tenancy. [...] [Para 29] Whether an order of the executing Court mentioning in the sale proclamation that the attached property was to be sold "subject to mortgage" has the effect of so selling the property, so as to bring the sale within the meaning of the exception to S. 2 (1) or has the effect of selling it with notice of the mortgage, depends upon circumstances of the ease and the construction of the order. [...] The plaintiff's suit has been dismissed against all but dedleed in full against defendant 8. f4l As already stated, the issue, main if not the only, between the plaintiff and the defen- dant 8 is whether the latter is a purchaser at a sale in execution of a decree of a Court of the part of the properties subject to the mortgage, the purchase having been made prior to the coming into force of the A
law
Pages
275
Published in
India
SARF Document ID
sarf.100055
Segment Pages Author Actions
Frontmatter
1-11 M.V. Joshi, E. Rao, V.V Chitaley view
The All India Reporter 1950 Orissa High Court
1-264 M.V. Joshi, E. Rao, V.V Chitaley view

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