https://www.lawweb.in/2012/04/court-can-take-cognizance-of-subsequent.html
Friday, 20 April 2012
court can take cognizance of subsequent event
In exceptional cases court can take cognizance of events since the institution of suit or appeal if it tends to shorten litigation and best subserves the ends of justice
Punjab-Haryana High Court
Hafiz Abdul Basit vs Abdul Alim And Ors. on 25 July, 1952
Equivalent citations: AIR 1952 P H 407
Bench: Kapur, Soni
JUDGMENTKapur, J.
1. This is an appeal brought by the plaintiff against a judgment and decree of Mr. A. N. Bhanot, Subordinate Judge, Delhi, dated the 24th February 1947, dismissing his suit for possession and for mesne profits.
2. The facts which have given rise to this appeal are rather complicated but it is only necessary to give some of the relevant facts. The house in dispute which bears No. 2181 was purchased by Abdul Alim defendant No. 1 and his two brothers Abdul Hafiz and Abdul Matin who are not parties to the present proceedings. On the 26th July 1928 Abdul Alim mortgaged his share of the house and some other property to Mohammad Saeed for Rs. 5,000/-. This mortgage was with possession the terms of which are given in a Full Bench decision of the Lahore High Court which is printed at page 51 of the supplementary paper book and they are as follows :
"I have now mortgaged with possession the entire aforesaid property for Rs. 5,000/-. I agree to pay profit at the rate of Re. 1/- per cent, per mensem and the mortgage-money within two years.....Having removed my proprietary possession over the mortgaged property I put the mortgagee in possession thereof by executing a separate lease for Rs. 50/- on account of profit on the mortgage-money. The conditions are:
1. I will pay profit to the mortgagee accord ing to lunar months and secure receipts from him.
2. I will pay the principal mortgage-money in the lump within the period specified above any time I like and redeem the mortgaged property.
