The Calcutta Weekly Notes. Monday May 29 1939

Ghose on " The Law of Mortgage in India "--Fifth Edition at page 99 observes " In a pure usufructuary mortgage where the mortgagee takes possession of the estate on the understanding that he shall repay himself out of the rents and profits the mortgagor undertakes no personal liability and the mortgagee must therefore lock eclusively to the land for the repayment of the debt." This has al [...] Had that been the legal position then in cases for example where the mortgagor has not delivered possession of the property or has dprived the mortgagee of rents and profits or has rentered possession the remedy of the mortgagee would have been only to obtain possession of the property and restrain the mortgagor from interfering with it. [...] It is only a security for payment of money due from the mortgagor the arrangement being that in stead of being realised from the mortgagor personally that is to say from the cash in his possession or any of his properties it shall be realised from a specified property belonging to the mortgagor That does not make the mortgage debt any the less a liability of the mortgagor. [...] The law of limitation being a branch of the adjective law the statute of limitation aplicable to a particular suit or legal remedy is that which is in force at the date when the suit is instituted or the remedy is sought and not the statute which was in force at the time of the transaction or vesting of the. [...] During the pendency of an appeal in the High Court one of the Appellants was ajudicated an insolvent by the District Judge of Kistna and the Official Receiver of the Court was appointed Receiver of the estate of the insolvent and was authorised by the Court to continue the appeal.