RAMBANDHU MISRA Vs. BRAHMANANDA LAIK

JUDGEMENT

(1.) These two applications are for revision of orders made by a learned District Judge in revision under Section 40A, Bengal Agricultural Debtors Act

(2.) The decree-holders opposite parties had obtained against the petitioners or their predecessors a mortgage decree for Rs. 20,100 in mortgage Suit No. 75 of 1325 in the Court of the Subordinate Judge of Bankura. By the decree the petitioners were jointly and severally liable. The decree provided that in default of payment by Bhadra 1335 B. S., interest would run at 9 annas per cent. per mensum until realisation. A preliminary decree was obtained on 3rd August 1927, which was made final on 22nd September 1928. In the year 1935, the decree-holders executed the decree for recovery of Rs. 31,534 which was the sum then due on the mortgage after adding the interest which had accrued to the decretal amount and execution costs. The mortgaged properties were put up for sale and purchased by the decree-dolders for Rs. 10,000 on 16th March 1936, and the sale was confirmed on 22nd July 1936 possession being delivered on 1st and 2nd May 1937.

(3.) In the year 1942, the petitioners who were the mortgagors filed two separate applications under Section 37A, Bengal Agricultural Debtors Act, in which they alleged that the total debt due from both sets of petitioners was Rs. 10,300 and that each set of petitioners owed only Rs. 6000.