The Calcutta Weekly Notes Law Notes of Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short Notes of Important Decisions of Other High Courts in India Monday March 18 1940

The new section in the Begal Tenancy Act however provides that on the expiry of fifteen years from the date of registration of the document or entry into possession the consideration for a usufrutuary mortgage shall be deemed to have been extinguished. [...] The matter or at least a part of years." Thus freed from contact with the it is one which falls within the Concurrent contract to repay the money the second part Legislative field and although there is this of the section stands independently as a prrepugnancy to an " existing Indian law " vision for restoration of agricultural land the assent of the Governor-General under and as that matter [...] The learned Judges resolve the difficulty by disentangling the second part of the However that may be the question still section from the first and holding that the remains ; what about the first part of the one is distinct from the other. [...] as to what should be the form of the siThe words " subject to the provisions of nature and if the name of the debtor is ithis c th Act " in sec. [...] The lower Court dithe properties were the subject-matter of a missed the application as it was not made security bond executed by the judgmenwithin thirty days of the decree : debtors hypothecating these very properties Held (THOM C. J.)—That the applia for the satisfaction of the instalment decree tion was properly made and there was suin the suit.