The Calcutta Weekly Notes. Monday December 8 1913

The evidence adduced to prove the mortgage consisted of (1) the statement of a witness who claimed to be acquainted with the hanwriting of two of the attesting witnesses (2) a deed of usufructuary mortgage executed by one of the exectants of the mortgage in suit and by the representatives of the two other executants which recognised the genuinness of the mortgage in suit (3) a deed of s [...] Applying these principles to the circumstances of the present case and having regard to the perfect honesty of the transaction his Lordship thought that the Court was justified in exercising the jurisdiction conferred by the section and relieving the Defendants from the breach of trust committed by their testator and to a small extent by themselves. [...] No proof that this was the case had been given and upon the facts before him he drew the inference that the bank collected the money for the Defendant the payee of the cheque and upon that view the bank was not the indorsee holder or assignee of the cheque within the meaning of the sta ute and the statute did not apply so as to make the sum sued for recoverable by the Plaintiff. [...] It related to several plots of land lying to the east of the road which ran along the eastern side of the Akhrabari and in a Schedule annexed to it it described the two plots furthest south in the following terms :— “ 1. North of the khal of Tevar Bazar east of the road to the karsa lands of my jama mudafat your khas tenant Akamaddi and of the Akhra lands of Narsingh Jiu &c.” The Appellant p [...] The terms of the agreement were that in the event of any acquisition of the land by the Municipality or by any Local Self-Government institution the compensation awarded should go to the lessor.