High CourtsDivision Bench

Hulasa Kuar and Another vs Rahmani Bibi and Others

Allahabad High Court · Decided on 12 April 1878 · Citation: (1875) ILR (All) 642

HON’BLE JUDGES
Turner, J · Pearson, J
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Judgment

3 paragraphs · 122 words

ORDER

1.

It having been ruled by the Privy Council. (see Lachmee Buksh Roy v. Runjeet Roy Panday 13 BLR 177 that signature by an agent is not sufficient to satisfy the analogous terms of Act XIV of 1859, we must hold that the acknowledgment in this case is insufficient. Of course we are now considering the acknowledgment required under Act IX of 1871 and not under the present law, of which the terms are more equitable.

2.

The lower Appellate Court must determine whether this suit has been instituted within 60 years from the date on which the mortgage was made. It will try this issue and remit its finding to this Court, when ten days will he allowed for objections.