SATYA KINKAR DUTT Vs. KIRON CHANDRA SINHA

JUDGEMENT

(1.) This Originating Summons raises some interesting and import-ant questions under the insolvency law and the trust law. It is registered as a suit under the Original side Rules of this Court.

(2.) It is a vendor-purchaser summons taken out by the intending purchasers Satya Kinkar Dutt and Satya Sankar Dutt under an agreement for sale dated 9-5-1953. Their vendors, namely, Kiron Chandra Sinha, Jotindra Nath Bose & Pasupati Nath Bose, are among the defendants on this application. The two other defendants in this proceeding are the two trustees Kartick Chandra Mallick and Ganesh Chandra Mallick. The vendors under Clause 4 of the agreement for sale are required to make a "good marketable title".

(3.) The facts may be briefly stated to appreciate the points of law that this summons calls for determination.