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Kr. Digbijya Singh And Anr. vs Budh Sen And Ors. on 6 August, 1940

He concedes that the decision in Sheo Charan Lal v. Umrao Begum (38) 25 AIR 1938 All 611 is against him, but urges that the view taken in the decision in that case by the learned Single Judge is not correct and should not be accepted. We are unable to accept the contention of the learned Counsel for the respondents. In the first place we do not agree with him that the decisions in the three cases mentioned above which he seeks to distinguish are really distinguishable. The propositions of law which have been laid down in those cases are clearly applicable to those cases also in which no rate of interest is specified in the mortgage deed. "Interest" is thus defined in Section 2(8), U.P. Agriculturists' Relief Act:
Allahabad High Court Cites 5 - Cited by 0 - Full Document

Prithi Singh vs Ganesh Pd. Singh on 14 March, 1950

1), that a usufructuary mortgagee was entitled to claim accounts under Section 33 and in Sheo Charan Lal v. Umrao Begum, 1938 A.L.J. 892 : (A.I.R. (25) 1938 ALL. 611), that he was entitled to claim redemption under Section 12, Agriculturists' Relief Act, no difficulty remains in the plaintiff asking for the former relief even qua that part of the mortgaged lands which falls within the Banaras State. As for his relief for redemption, while there was no difficulty on any score of the non-applicability of the latter section, it could not be granted in view of the provisions of Section 18 of the said Act and Section 16(c) of the Code.
Allahabad High Court Cites 30 - Cited by 1 - Full Document
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