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 1919-1920

The learned judges after summarizing the evidence said that there was nothing to suggest that the first defendant obtained any benefit out of the sale that the plaintiff had failed to show that the first defendant in concert with the third defendant had induced the plaintiff to enter into the transactions to his detriment. [...] On December 12 1912 (within three days of the twelve years' period of limitation and eighttwo years after the sale) the appellants the reversionary' heirs of Ananta Row instituted the present suit against the respondent in the Court of the Subordinate Judge. [...] In the judgment appealed from the learned judges of the High Court lay down the law as follows : It is not disputed that the onus lay upon the defendant to prove the necessity for the sale but having regard to the great lapse of time since the transaction took place that is about 82 years perhaps the highest on record it will not be reasonable to expect such full and detailed evidence as to [...] The case therefore came within the terms of s. 96 of the Transfer of Property Act 1882 which expressly provides that where property the sale of which is directed is subject to a prior mortgage the Court may with the consent of the prior mortgagee order that the property be sold free from the same giving to such prior mortgagee the same interest in the proceeds of the sale as he had in the [...] The course of business adopted by the bank was that at the end of each month interest was added to the balance then due and the total carried to the debit of the account the effect being that compound interest with monthly rests was charged.