SHYAMAPADA BHATTACHARYYA Vs. AJIT KUMAR BASU MALLICK

JUDGEMENT

(1.) This is an application by the purchasers at auction sale of premises No. 64 Karbala Tank Lane, Calcutta for an order, inter alia to put the petitioners in possession of the said premises.

(2.) The facts are shortly as follows:

(3.) Sometimes in the year 1965 this suit was instituted for enforcement of mortgage in respect of premises No. 64, Karbala Tank Lane. Calcutta (hereinafter referred to as the said premises). In the same year another suit being suit No. 2026 of 1965 was instituted against the same defendants by one Jatindra Nath Saha in respect of the said premises. On January 28, 1966 official receiver was appointed receiver over and in respect of the said premises in Suit No. 2026 of 1965. On September 1, 1967, preliminary mortgage decree was passed in this suit namely, Suit No. 780 of 1965. On April 7, 1971 final decree for sale of the said premises was passed in this suit. On August 21, 1971 auction sale was held by the Registrar. In execution of the decree the petitioners, namely, Narendra Nath Ghose and Bishnu Pada Ghose were declared as higest bidders and the petitioners purchased the said premises at a price of Rs. 17,770/-. The petitioners initially deposited a sum of Rs. 4443/- and, thereafter, the petitioners paid the balance of the purchase money. The sale was confirmed in favour of the petitioners and sale certificate was issued in favour of the petitioners on November 18, 1971 by an order passed by this Court.