The Calcutta Weekly Notes Monday February 11 1907

IN CASE HIS EYER THE COURT practically held that the of the cornice of the house A over the land of B. would confer a statutory on A. to maintain the cornice after 12 years’ The priciple of the decision is the t he owner of iho land is the owner of the space abate it and below it and when another person occupies adversely a portion of the the land for 12 cars’ the latter acquires a prescripti [...] Their Lordships (Rampini and Mookerjee JJ.) held that the property purchased by the mortgagor remains subject to the second mortgage upon the principle that it was the duty of the mortgagor to free the property from the prior mortgage for the benefit of the second mortgagee. [...] The principle of this decision seems to be that when the mortgagor having money in his pocket applies the money for the purchase of the mortgaged property instead of for the dicharge of the prior mortgage he should be held to have applied the money for the purpose for which he ought to have done so namely for the purpose of paying off the prior mortgage. [...] Suppose A purchased the property at the execution sale; on the next day or after a few days he sold the property to the mortgagor; would the property in the hands of the mortgagor be still subject te the second-mortgage 1 If it is held that it is a breach of legal duty on the part of the mortgagor having money in his pocket not to pay off the prior mortgage for the benefit of the second tnorga [...] The Munsif decreed the suit ex parte in the absence of the contesting Defendants and the Suordinate Judge decreed the appeal and dismissed the Plaintiff's suit on the ground that the Plaintiff did not give sufficient evidence to support his clairil in the Court of first instance.