The Calcutta Weekly Notes February 19 1945

The Ordinance prvided that if the land had been sold for a price not exceeding Rupees 250 and sold between the 1st January 1943 and the 1st January 1944 the seller might apply within two years to the Collector for restoration of the land; and if he satisfied the Collector that he could not have maintained himself or his family except by making the alienation the Collector would make an ord [...] We have examined the Ordinance and the Act with some care and find that their provisions are substantially the same That being so the 25xxvi THE CALCUTTA principle applicable is that provisions of an earlier statute adopted or incorporated by a later statute will' not be repealed by the repeal of the former "—because as is explained in the cases on which the above statement of the law is found [...] Under the law as it stands after the amenment of the Transfer of Property Act in 1929 a co-mortgagor on redeeming a mortgage aquires a charge on the share of the other cmortgagor in addition to the right of subrogtion. [...] XLIX. co-mortgagor pays off the amount required to set aside the sale and the sale is set aside the co-mortgagor so paying becomes an assignee of the mortgage bond but if the suit on the morgage bond is barred the security becomes wortless but the co-mortgagor acquires a charge on the share of the other co-mortgagor by operation of law. [...] 4 (3) (i) of the Income Tax Act and as the mutwallis have been given power under the deed of settlement to apply the whole of the income for that one purpose if they so choose the deed does not fulfil the requirements of the section.