Gokal Chand vs Smt. Shanti Devi And Others on 24 August, 2009
Coming to the facts of the present case, there is no allegation
on the part of the defendant-appellant that deceased Girdhari Lal has left
any of the legal heirs than the plaintiffs in the present case. The objection
raised is only to delay the payment of the amount which is proved to have
been received by him in pursuance of the agreement of mortgage dated
13.03.2000. Such objection raised is not bona fide. The judgment in
Basanta Kumar Das's case (supra) cannot be made applicable within the
jurisdiction of this Court for the reasons recorded herein-above.