The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcuta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday April 7 1913

P. C." The case of Mansar Ali was relied on by the Petitioner but their Lordships overlooked the main ground of the decision in that case namely that the order of the Magistrate in question was without jurisdiction on the ground that he had not availed himself of the means open to him for ascertaining the fact of actual possession. [...] 92 of the Evidence Act it may be open to the Plaintiff to show by oral evidence that the real consideration for the deed of sale was not the cosideration stated in the deed itself but in the absence of coercion undue influence fraud or misrepresentation at the time when the deed of sale was registered and possession taken thereunder the Plaintiff is not entitled to have the deed of sale set a [...] 92 of the Transfer of Property Act and the mortgagor does not deposit the money due according to the decree within the time fixed not only the mortgagee but also the mortgagor himself is entitled to apply for an order for the sale of the property. [...] It was held that while the Government had a right to revoke the concession which could not be questioned the effect of its so doing was to matetially vary the prospects and terms of security of the bondholders and that the question whether the scheme had become so abortive that the consideration for the advances had failed4 must be determined. [...] 6 to to of the Oposite Party) to build a mosque on a piece of land within the aforesaid seven annas share of the taluk id'question and refused to stop the building opertion's in soite of the remonstrances of the Pettioners.