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Khantamoni Dassi And Anr. vs Biswa Nath Pal And Ors. on 25 April, 1933

That the document embodies such an express promise admits of no rational doubt or dispute. There is ample authority for the view that a personal covenant in a mortgage deed constitutes an independent and separable transaction apart from the portion of the document affecting the property and, therefore, even an unregistered mortgage deed can be admitted as evidence of the simple debt. See In the matter of the petition of Sheo Pal v. Prag Dat, ILR 3 All 229 (FB) (C), Vani v. Bam, ILR 20 Bom 553 (D) and Khantamoni Dassi v. Biswa Nath, AIR 1933 Cal 786 (E).
Calcutta High Court Cites 1 - Cited by 4 - Full Document
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