BANK OF KHULNA LIMITED Vs. JYOTI PROKASH MITRA

JUDGEMENT

(1.) THIS is an appeal from a judgment and two. decrees of the High Court of Judicature at Fort William in Bengal, dated, June 24, 1936, which set aside a judgment and decree of the Subordinate Judge of Khulna dated September 29, 1934, and dismissed the appellant's mortgage suit.

(2.) THE present suit was instituted by the appellant on March 31, 1930, for recovery of the principal and interest due under a mortgage deed dated March 18, 1925, executed by Nirod Bashini Mitra, a Hindu married woman, Bhuban Mohan Mitra, her husband, and Jnan Prokas Mitra, her eldest son, for a loan of Rs. 28,000, on the security of certain agricultural lands and a dwelling house, all of which belonged to Nirod Bashini Mitra in her absolute title. THE original defendants were Nirod Bashini Mitra as defendant No.1, her husband as defendant No.2, and her eldest son as defendant No.3.

(3.) IT appears that on March 11, 1925, Nirod Bashini signed a form of application for a loan of Rs. 28,000 from the Bank, to be secured on the agricultural properties in suit. IT also appears that she required the money in order to send Rs. 5,000 to her two younger sons in England without delay, and to give assistance to her husband and her eldest son in regard to criminal proceedings in which they were then involved. The Bank obtained a report by two of its directors as to the value of the security offered, which they estimated at Rs. 48,000, and at a special meeting of the Bank on March 17, 1925, it was unanimously resolved that if her husband and eldest son joined in the mortgage bond and Nirod Bashini mortgaged the dwelling house of Khulna town along with the lands, the loan of Rs. 28,000 would be granted. IT appears from the evidence that the husband and eldest son were present at this meeting and that they were told to go and inform Nirod Bashini of the Bank's proposal, but there is no evidence that she was so informed. Apparently a draft of the mortgage deed on the basis of the Bank's terms was prepared that night, and on the following day, March 18, a fair copy was made and was executed by Nirod Bashini, her husband and her son. In view of the findings of both Courts, their Lordships find it unnecessary to review the evidence in detail.