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of <h1>Privy Council upholds High Court decisions on compromise agreement, mortgage deed, and capacity. Cross-appeal dismissed.</h1> The Privy Council dismissed the appeal, upholding the High Court's decisions on the validity of the compromise agreement, the form of the mortgage deed, ... - Issues:Family dispute over estate, validity of compromise agreement, form of mortgage deed, capacity of pardanashin lady to enter into agreement.Family Dispute Over Estate:The case involved a family dispute between the appellant, a Pardanashin Lady, and the respondents, who were widows of the deceased. The dispute arose after the death of the deceased, Sarut Chandra Roy Chowdhury, when the respondents applied for letters of administration with a will annexed. The appellant, as the deceased's daughter and devisee under an earlier will, opposed this application. A compromise was reached, but new disputes arose out of the compromise agreement.Validity of Compromise Agreement:The compromise agreement involved the appellant agreeing to pay each widow a sum of money and secure it through a mortgage of the estate. The widows later initiated legal proceedings under the mortgage deed for non-payment. The appellant raised objections, arguing that the compromise was not binding due to her status as a Pardanashin Lady. The High Court held that the compromise was binding, and the appellant was obligated to fulfill the terms of the agreement.Form of Mortgage Deed:The appellant also challenged the form of the mortgage deed, arguing that seeking the sale of only part of the mortgaged property was not permissible under the Transfer of Property Act. The Subordinate Judge initially ruled against the appellant on this ground, but the High Court reversed the decision on the question of form. The High Court allowed for amendments to the proceedings to rectify the form of the mortgage deed.Capacity of Pardanashin Lady:The final ground of appeal was the capacity of the Pardanashin Lady to enter into the agreement. The appellant contended that the lady needed independent and disinterested advice to execute the mortgage deed. The Subordinate Judge and the High Court both found that the lady had the necessary intelligence to understand the agreement and had received proper advice before executing the deed. The appeal on this ground was also dismissed.In conclusion, the Privy Council dismissed the appeal, upholding the decisions of the High Court regarding the validity of the compromise agreement, the form of the mortgage deed, and the capacity of the Pardanashin Lady to enter into the agreement. The cross-appeal regarding the suit's maintainability was also dismissed.
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