The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Courts Monday July 2 1906

8 of the Act of 1874 and then the learned Judge proceeded to consider the effect of the covenant to pay on receipt of notice and held as follows.— "The only notice there mentioned was notice of the intention of the mortgagee to exercise the power of sale after default had been made in payment of the mortgage money. [...] The judgment-debtor in his appeal to the High Court contended that he had a right to call in question the propriety of the order of the 30th July 1904 in his appeal from the final order of the Munsif in the execution case ; that the said order was only an interlocutory order and therefore under sec. [...] 8 as costs but at the same time noted on the back of the plaint the costs incurred by the Plaintiff on account of the local investigation and also the Defendant's costs. [...] Subsequently an arrangement was come to between the decree-holder the heirs of the mortgagor and one Joy Krishna Mukerjee the result of which was that Joy Krishna was to be lessee of the property affected by the decree for 40 years making certain plyments to the mortgagee and others to the family of the mortgagor the total amount payable by him as rent being :Rs. [...] The purchaser of the rights of the mortgagor had on the 15th December 1903 again applied that an account might be taken of the morgage-debt on the basis of the Court's order of the 31st August 1885 that the mortgages be directed to deposit in Court whatever amount they received in excess of their dues or that the applicant be pemitted to redeem the property on payment of the balance due to