The Law Reports. Under the Superintendence and Control of the Incorporated Council of Law Reporting for England and Wales Indian Appeals: Being Cases in the Privy Council on Appeal from the East Indies 1884-85

For this contention the defence relies upon these words of the deed And if this be not agreeable to me then immediately on the happening of the breach of promise after the end of the year they may realize the entire instalment money &c.' It is cotended by the defence that the word this' (yell) used in the above sentence applies to all the preceding conditions in the deed and that it make [...] The contention on the part of the Respondent is that these words apply to all the previous part of the deed and that the mortgagee could not take possession except at the option of the mortgagor and if the mortgagor thought fit to say that the mortgagee should not take possession but should realize the amount of the instament by sale of the villages that course must be adopted and a suit f [...] DEPUTY Their Lordships will humbly advise her Majesty to reverse the COMMISSIONER OF RAE decree of the Judicial Commissioner leaving the judgment of the BARELI District Judge to stand and the Respondent will pay the costs of T —AL RAMPAL this appeal and the costs of the appeal in the Court of the siN' Judicial Commissioner. [...] The Respondents then instituted another suit also in the Court of the Subordinate Judge of Bhagulpore for the purpose of bringing within the influence of the mortgage the property which by the family arrangement had been substituted for the property that was professedly mortgaged but did not belong to the mortgagors. [...] The decree was made by the consent of the debtors and the effect of it was this : The Court declared that the substituted properties were fit to be sold by auction in execution of the decree of the creditors (that is the decree of the 8th of January 1877) and that for the purpose of that auction sale this.suit ought to be taken as supplemental to the former suit.