ANNODA MOHINI ROY CHOWDHRY Vs. BHUBAN MOHINI DEBI
Annoda Mohini Roy Chowdhry
Bhuban Mohini Debi
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HOBHOUSE, J. -
(1.) THE question in this appeal is whether a deed of mortgage which the respondent, Bhuban Mohini Debi, one of the defendants in the suit,
executed to the plaintiff, now appellant, was so executed with due
understanding of its effect; the defendant being a purdanashin lady. The
Subordinate Judge held that the defendant fully understood the deed. On
appeal the High Court held the contrary view, and dismissed the
mortgagee's suit as against her. From that decision he now appeals.
(2.) THE position of the parties is one of some complexity. The defendant Bhuban is the daughter of Mohesh Chunder, who appears to have been
possessed of considerable property. In June, 1874, he executed a deed for
the purpose of making provision for her maintenance. "You have been
married to a Kulin, Sudarsan Chunder Banerji, who has no property by
means of which you may be maintained. Consequently, in my lifetime, I
give you for your maintenance two mehals, kismut Iswarpore and kismut
Shibpore, appertaining to turuf Barra 3& frac12; annas of my ancestral
zemindari of 7 annas share of pergunnah Kundi, bearing No. 163 of the
towzi of the Collectorate of zillah Rungpore, recently specially
registered in No. 1 on separate account being opened and bearing the
sudder-jumma of Rs. 98220.127.116.11. On my death, you shall get into
possession of the two mehals and possess and enjoy the same with great
felicity." Then follow provisions on which questions may be raised as to
the extent of the interest given to Bhuban; but these questions do not
arise in this suit. She has at least an ownership for life, with a claim
to be indemnified against the Government jumma by the remainder of the
zemindari. These two mehals are the subject of the present appeal.
In September, 1884, Mohesh died. He made a will which is not in the record, but by recitals in subsequent deeds its effect is shown. He gave
several mouzas to his wife Jagadiswari, Bhuban's mother, for her
maintenance; he reaffirmed his gift of Iswarpore and Shibpore to Bhuban;
he gave the residue of his property to Kali Ranjan, the son of Sudarsan
and Bhuban, and then a minor; and he appointed Jagadiswari and Sudarsan
to be executors.
(3.) IT appears that the testator contracted large debts, for the discharge of which he sold parts of his estate, and other debts, either contracted
by himself or arising on account of revenue claims, became due from the
estate. The executors gave bonds to secure those debts on behalf of
themselves and Kali Ranjan. On September 19, 1887, they executed a
mortgage to the plaintiff for Es. 8000 for the purpose of paying off the
prior debts. The mortgage was expressed to be made by: firstly, Kali
Ranjan through the executors; secondly, the executors personally; and,
thirdly, Bhuban. All make themselves personally liable for this advance.
The executors mortgage the whole estate, Jagadiswari mortgages her life
interests under the will, and Bhuban mortgages Shibpore, in which she is
described as having an absolute interest by deed of gift. The deed was
registered the next day with due formalities as regards the two ladies.;
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