Reports of the High Court of Judicature for the North-Western Provinces Containing Full Batch Rukings. From June to December 1868

The mortgage deed cotained the ordinary provisions to the effect;that the morgagee should be entitled to the profits and collections it lieu of interest ; that the mortgagor on repayment of the10 principal at the expiration of the lease or subsequently at the appointed period should obtain possession ; that the mortgagor should not alienate or mortgage the laud and that ai.q4 such attempte [...] even after the expiration of the lease prohihited from deaing in good faith with a third person for the means of discharging the prior incunibrance: and if the new loan was made on the security of the land ( whether the security contracted for was like the former for a term of years or of a higher nature) the transaction conferred such an in torest iu the laud on the lender as to entitle h [...] session ; that a tenant without right of occupancy is liable to ejectment at the plea ure of the landlord; and that in the present case the plaintiffs had failed to prove a right of occupancy; that the plata " wasinot proved to be genuine and that the preponderance of the evidence wa s in favor of the facts alleged by the defendants viz that the"managment of the jungle had been retained by [...] We hold then that the object of associating the respondent's name with that of her non-adult 'son in the proprietaryregister in succession to the latter's lather was not to con fer on her.any share in the property to the detriment of her own son but as explained in the petition of the24th Agust 1859 to enable her daughter-in law to continue to discharge in respect of the minor the maternal [...] While we admit that the language of the petition in no way implies the adoption of ShibLall so as to Vest in Mussumat Oodey Koonwur inheritance rights as the adoptive mother and consequently as heiress of Shib ball we are on the other hand of opinion that the language of the petition in more than one passage goes far beyond the mere recognition of Oodey Koonwur as the guardian of the petitione