UMESH CHANDRA PRAMANICK Vs. MOTHURA MOHAN HALDAR
UMESH CHANDRA PRAMANICK
MOTHURA MOHAN HALDAR
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(1.) This appeal arises out of a suit brought by the plaintiffs-appellants to recover money due under a mortgage deed executed by the defendants in favour of the predecessor-in-title of the plaintiffs, and for certain other sums of money claimed as damages, on the allegation that the mortgage security has been impaired by reason of a decree obtained by one Bhagaban Chunder Nuskar against the plaintiffs, and that the plaintiffs had to incur expense in the litigation with Bhagaban Chunder Nuskar.
(2.) The defence, so far as it is necessary to refer to it for the purposes of this appeal, was a denial of liability, on the ground of no money having been borrowed on the mortgage deed, and also on the ground that the plaintiffs prayer for foreclosure and sale was illegal, and on the further ground that the mortgage security was not impaired by any wrongful act on the part of the defendants.
(3.) The First Court held that the plaintiffs were not entitled to any decree for sale of the mortgaged property, but that they were entitled to a decree, making the defendants personally liable for the amount claimed, by reason of the mortgage security having been impaired through the wrongful conduct of the defendants.;
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