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Judgment
5 paragraphs · 111 words
Munro, J.—u/s 76 of the Transfer of Property Act, the mortgagee in the absence of a contract to the contrary would be liable to pay the
enhanced Government revenue. I find no such contract in Ex. A. All that can be said is that the parties probably did not anticipate any increase in
the Government Revenue. The fact that the amount of Government Revenue is mentioned in Ex. A cannot make any difference. The Government
Revenue would be the same whether mentioned in Ex. A or not. The plaintiff is, therefore, entitled to the amount claimed for enhanced Revenue
and the lower Court''s decree will be modified accordingly with costs throughout.