BENARASHI DEBI Vs. MACKINTOSH BURN LTD

JUDGEMENT

(1.) This is an appeal against an order of Mukherji J., dated the 7th June, 1960. The facts are briefly as follows:

(2.) W.N. Hickie had an interest in a pro petty, which might be called the Sodepur property It consisted of about 16 bighas of land, on which it is said, Hickie erected, or proposed to erect a factory.

(3.) On or about the 2oth September, 1946, he mortgaged the property in favour of Sm. Santa Debi. Thereafter, he made a second mortgage in favour of Sm. Benarashi Debi. On the 13th January, 1947, Santa Debi instituted a suit for enforcement of her mortgage, making Benarashi Debi, the puisne mortgagee, a party. This suit is Suit No. 108 of 1947.