Mst. Sanjya W/O Mahadeo vs Chauthmal And Ors. on 17 October, 1962
It was held that these words did not take away the document from the definition of usufructuary mortgage as given in Section 58(d) of the Transfer of Property Act. It was further held that there was no express contract to submit to a decree for sale or to one for foreclosure, and as such, the operation of Section 67 of the Transfer of Property Act was not excluded, and in the absence of the fulfilment of the conditions in Section 68, the plaintiff in that case was held not entitled to maintain the suit for a money decree.