BEHARI LAL MITTER Vs. SARAL KUMAR GHOSE

JUDGEMENT

(1.) This is an appeal from an order of A.N. Ray, J., dated the 6th May, 1964 directing stay of sale of a certain property attached in execution of a decree upon deposit of a certain amount by the judgment-debtor with the Sheriff of Calcutta but ordering continuance of the attachment levied notwithstanding such deposit.

(2.) The appellant was appointed as executor to the Estate of one Sannyasi Charan Ghose. On the 19th August 1926 Sannyasi Charan Ghose died and thereafter the appellant obtained probate of the will of the said Sannyasi Charan Ghose from the District Court at Alipur.

(3.) In 1928 Sidheswar Ghose, the son of Sannyasi Charan Ghose, instituted a suit in this Court for construction of the Will of Sannyasi Charan Ghose, for possession of premises No. 197A Muktaram Babu Street, for administration of the Estate and for other reliefs mentioned in the plaint. After various proceedings a decree was passed in favour of the plaintiff on the 10th August 1948 against the Estate of the said Sannyasi Charan Ghose deceased for Rs. 4,261-1-10 pies with interest at the rate of 6% from 31st March 1936 and costs.