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 Law Courts Monday June 24 1912

The Appelant in this case became the registerel proprietor of a lease of the Federal Hotel Katanning for the residue of a term of tw mty years from the 12th of June r9o5 By an instrument of mortgage da'ed the 27th of December 1907 the Appellant therein called " the mortgagor " in consideration of the sum of 5ool. [...] The incumbrance on the lease the subject of the mortgage according to the letter of the bargain falls to be discharged before the lease terminates but at a time when it is on the very point of expiring when redemp ion can be of no advantage to the mortgagor even if he should be so fortuna`e as to get his deeds back before the actual termination of the lease. [...] The Plaintiff charged that the Defendant had by erecting an embankment south of the Bhardubi Khal whiph was fixed by the leases as the northern boundary of the former's chak and the southern boundary of the first of the lattet's chaks croacheR upon and wrongfully taken possession of the lands in suit. [...] The first Court gave the Plaintiff a decree subject to the payment to the Defendant of the expenses actually incurred by the latter in reclaiming the lands ; but on the Dfendant's appeal the suit was dismissed in Coto and the Plaintiff preferred this second appeal. [...] The Appellant executed a mortgage-bond for the amount embezzled and though the withdrawal of the criminal prosecutioe was not mentioned in the instrument as forming part of the considerption the prosecution was in fact dropped by the despondent after the exection of the deed and the Appellant was then acquitted or discharged.