https://www.taxtmi.com/caselaws?id=311359 Specific denial of attestation was required, and where the written statement challenged only execution and consideration, one attesting witness's testimony that the deed was attested in the mortgagor's presence was sufficient to prove due attestation, especially when that mode of attestation was not challenged in cross-examination. A mortgage by conditional sale carried foreclosure as the proper remedy, and the court had no discretion to substitute sale unless the case was one of anomalous mortgage. On these principles, the foreclosure decree was affirmed and the challenge failed. en-us Wed, 10 Aug 1949 00:00:00 +0530 Thu, 21 Dec 2023 17:54:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=311359 Specific denial of attestation was required, and where the written statement challenged only execution and consideration, one attesting witness's testimony that the deed was attested in the mortgagor's presence was sufficient to prove due attestation, especially when that mode of attestation was not challenged in cross-examination. A mortgage by conditional sale carried foreclosure as the proper remedy, and the court had no discretion to substitute sale unless the case was one of anomalous mortgage. On these principles, the foreclosure decree was affirmed and the challenge failed. Case-Laws Indian Laws Wed, 10 Aug 1949 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=311359