SURAJ RATTAN THIRANI Vs. AZAMABAD TEA COMPANY LIMITED

JUDGEMENT

(1.) THE following Judgment of the court was delivered by :

(2.) THIS is an appeal preferred, by virtue of a certificate of fitness granted by the Calcutta High court, against its judgment, by which the decree passed by the Subordinate Judge of Darjeeling was substantially affirmed.

(3.) WE now proceed to the transactions as a result of which the contesting defendants claim to have obtained the full title to the Tea Estate. Ismail made large borrowings and among them were some from the National Agency Co. Ltd. and for securing the loan he deposited with them the title deeds of the Tea Estate. It may be mentioned that the deposit was on the footing that he was the full owner of the 16 as. share of the property mortgaged. The amount due under the mortgage was not paid in time and the mortgagee filed a suit for the enforcement of its mortgage and prayed for the sale of the property for the realisation of the mortgage money. The suit was decreed as prayed for and the property was sold in execution of the final decree and was purchased by the mortgage-decree holder on 24/09/1931. The sale was confirmed on 13/11/1931. This decree-holder purchaser sold the property to the Azamabad Tea Estate--the principal respondent before is. There was some little controversy as regards the reality and effectiveness of the transfer of the property from the National Agency Co. Ltd. to the Azamabad Tea Estate, but nothing turns on this, for even if that transfer was not effective that would not help the plaintiffs so long as they could not displace the title of the National Agency Co. Ltd. under the latter's court auction purchase.