The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday March 15 1915

Doss J.’s views on the matter as indicated in this judgment were (1) that the consent of the rversioners by itself is not sufficient to estalish the existence of legal necessity (2) that the doctrine of surrender upon which the validity of a sale out and out of the whole or any portion of the inheritance with the consent of all the immediate reversioners is based canot be legitimately e [...] The referring Judges in Debi Prosad’s case however felt that if the sale of a portion of the estate in the absence of proof of legal necessity could be held by the Privy Council to have been validated by the immediate reversioner’s cocurrence there was no room for the application of a different principle in the case of a morgage. [...] The only way in which the observation can be reconciled with the decision of the Full Bench is to interpret it not according to its plain meaning but in the light of previous decisions of the Privy Council where the consent of the reversioners has been in variably treated as evidence of legal necessity and not something which by itself takes the place of legal necessity and which when proved d [...] By one of the clauses in the document it was stated that B having made over the whole of the trust properties and asstts belonging to the family for the benefit of the creditors the family was reduced to a distitute condition and therefore the creditors passed a resolution to the effect that they should be aPowed to occupy the dweling house and the trustees should pay an alloance to 13 up [...] The payment of the Plaintiffs' claim would be for the benefit of the enemy and would amount to trading with the enemy which was illegal both at Common Law and by reason of the terms of the Proclamation.