SHAMALDHONE DUTT Vs. LAKSHIMANI DEBI

JUDGEMENT

(1.) This was originally a case of considerable complexity, but for the purposes of this appeal the matters essentially in dispute may be stated at no great length.

(2.) The plaintiff, Babu Shamaldhone Dutt, was the attorney of one Radhanath Mukherjee, a gentleman, who apparently devoted much of his life to litigation. The indulgence of this taste involved him in great expenditure, and the plaintiff advanced him considerable sums towards meeting it. For these advances, Radhanath Mukherjee executed at first a mortgage and then three further charges in favour of the plaintiff, and the plaintiff brings this suit to recover the money due on these securities. We are not concerned in this appeal with the original mortgage and the first two further charges.

(3.) The third charge was executed on the 3 August 1903 for a consideration of Us. 21,000 which, excluding fractions, was made up as follows: