SHYAMAPADA BHATTACHARJEE Vs. MOHAMMAD DHARAM BUKSH

JUDGEMENT

(1.) On this Chamber Summons the applicants want to be added as defendants to this suit and to be subrogated to the rights of defendant Mohammad Dharam Buksh under the decree, dated the 6th December, 1950, as amended by the order of the 15th February, 1952 in respect of premises No. 16, Toltola Lane, Calcutta.

(2.) The plaintiff in this suit asked for a mortgage decree against the defendant in respect of the said premises No. 16, Toltola Lane, Calcutta. The mortgage is dated the 10th April, 1946 and there were also three deeds of charges, dated the 17th April, 1946, the 29th June, 1946 and the 24th February, 1947. A consent decree was made on 16-12-1950, but was at first in the form of a money decree only. Finally however after certain proceedings the decree of the 6th December, 1950 which was a decree for money, was amended by an order of the Court on the 14th February, 1952 into a mortgage decree for sale providing for six annual instalments, the first one being payable on the 14th August, 1952. This order of the 14th February 1952 also was a consent order.

(3.) By a conveyance duly executed and registered on the 6th August, 1952 the said premises No. 16, Toltola Lane, Calcutta, were sold to the present applicants subject of course to the mortgage decree. The applicants are now claiming the right to redeem and to be subrogated to the rights of the original mortgagor, on the basis of such sale.