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    <title>1919 (5) TMI 1 - Privy Council</title>
    <link>https://www.taxtmi.com/caselaws?id=275823</link>
    <description>A mortgage over the whole property in favour of two mortgagees as tenants in common could not be redeemed by paying only one mortgagee, because partial relief under Section 67 of the Transfer of Property Act was not available on that framing; the proper course was to implead the co-mortgagee and seek amendment of the plaint, so the defect was procedural rather than fatal. A compromise mortgage executed by a pardanashin lady was upheld because the evidence showed she understood the nature and effect of the transaction, there was no concealment, undue influence or misrepresentation, and she had independent and disinterested advice. The decree was therefore left undisturbed.</description>
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    <pubDate>Fri, 30 May 1919 00:00:00 +0530</pubDate>
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      <title>1919 (5) TMI 1 - Privy Council</title>
      <link>https://www.taxtmi.com/caselaws?id=275823</link>
      <description>A mortgage over the whole property in favour of two mortgagees as tenants in common could not be redeemed by paying only one mortgagee, because partial relief under Section 67 of the Transfer of Property Act was not available on that framing; the proper course was to implead the co-mortgagee and seek amendment of the plaint, so the defect was procedural rather than fatal. A compromise mortgage executed by a pardanashin lady was upheld because the evidence showed she understood the nature and effect of the transaction, there was no concealment, undue influence or misrepresentation, and she had independent and disinterested advice. The decree was therefore left undisturbed.</description>
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      <pubDate>Fri, 30 May 1919 00:00:00 +0530</pubDate>
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