JOGENDRA CHUNDER DUTT Vs. APURNA DASSI

JUDGEMENT

(1.) This a suit on two mortgages. The case is not altogether free from difficulty.

(2.) The facts are as follows :-The plaintiff claims as the transferee of two Bengali deeds of mortgage. The first deed is dated the 21 July 1896, by which two persons, Kamala Churn Dutt and Abinash Chanrda Dutt, mortgaged, for the sum of Rs. 1,500 with interest at 4 per cent., their undivided share in the house and premises No. 1, Zeriff's Lane, in favour of one Noreridra Nath Bose. The second mortgage-deed is dated the 6 February 1897 whereby Ambica Churn Dutt, who was a brother of the mortgagors in the first mortgage, mortgaged in favour of Norendra Nath Bose his undivided share in. the same house, to secure the repayment of Rs. 500 with interest at 4 per cent.

(3.) Now, the real contest before, me is as to who is entitled to those sums of Rs. 1,500 and Rs. 500; did they belong to Norendra Nath Bose, or was he merely a benamidar for his father and uncle?