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Shankar Sahi And Ors. vs Baichu Ram And Ors. on 8 January, 1925 cites

Tula Ram And Ors. vs Tulshi Ram And Ors. on 13 April, 1920

4. Mr. Haribans Sahai has brought to our attention the case of Tula Ram v. Tulshi Ram (1920) 42 All. 559. The facts of that case were that the lender was endeavouring to recover his money from the mortgagor on the ground that the lender had made due and proper enquiries and had been told and believed that the money was being applied in the purchase of certain property. Unknown to the mortgagee in the purchase money for the property had already been provided from some other source but he was not aware of that, and it was accepted that the purchase was a proper purchase and beneficial to the plaintiff. In our view what the Court was considering there was the consequences which were to follow from the enquiries made by the lender and the acts of the borrower in applying the money unknown to the lender for a different purpose from that for which he had professed to borrow. It seems to have been conceded that the Hindu father had a right to acquire fresh property and mortgage the ancestral property as a security for that loan.
Allahabad High Court Cites 0 - Cited by 7 - Full Document
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