GOSAINDAS BARA MADAK Vs. BISWANATH MUKHOPADHYA AND ANR

JUDGEMENT

(1.) The facts are these: The defendants, Kanto and Radha Sayam Madak, on the 4th of Falgun 1263 (1856), gave the defendant Krishna Mohan Mookerjee, a bond, to secure the repayment of a certain sum of money. By that bond they hypothecated or mortgaged the lands which are now in suit, by way of further security. On the 21st Baisakh 1268 (1861), Kanto and Radha Sayam Madak sold those same lands to the defendants, Biswanath and Bholanath.

(2.) In 1269 (1862) Krishna Mohan Mookerjee brought a suit on the bond, for the money due to him, and got a decree no allusion being made to the lands or the existence of a mortgage. This decree is dated the 21st May 1863.

(3.) In execution of the decree Krishna Mohan attached the lands covered by his bond, and applied to have them sold. Ha was opposed by Biswanath and Bholanath, who claimed under their purchase of 21st Baisakh 1268 (1861).