Bijayesh Mukherji, J. - (1.) By this suit raised on January 28, 1958, the Life Insurance Corporation of India (shortened into LIC hereafter, as far as possible), prays for a decree under Order 34, Rule 4 of the Civil Procedure Code (5 of 1908) in form No. 5-A in appendix D in the first schedule thereto, on the foot of two mortgages, the details whereof are set out below: JUDGEMENT_200_AIR(CAL)_1970Html1.htm
(2.) The mortgagor is the sole defendant to this suit, Smt. Nandorani Dassi qua trustee to the estate of late Modhoo Sooden Sain, her father-in-law. The property mortgaged is the divided 4/21st share in the then 116 Cotton Street, now numbered as "114/1B", and admeasuring 1 cottah 14 chittacks and 3 square feet. The mortgagee is India Provident Company, Ltd., the statutory successor of which is LIC, the present plaintiff.
(3.) The pleas, Nandorani, the defendant, resists the suit with, are- One, she had not received the full consideration money for either of the two mortgages. Two, a pardanashin lady, with little education, she had had no independent advice ever. Three, she never fully understood the Import or effect of the two mortgages.;