BIBHUTI BHUSAN ROY Vs. RAJA JANAKI NATH ROY

JUDGEMENT

(1.) This appeal is directed against an order dated January 29, 1969, whereby the Registrar, Original Side, was directed to pay out of the money in his hands certain sums of money mentioned in the order to the plaintiff-respondent and also to his Solicitors.

(2.) On February 9, 1963, the Respondent No. 1 filed a mortgage suit for a decree under Order 34 of the Code of Civil Procedure for Rs. 4,15,000. A preliminary decree was passed in this suit by consent of parties on June 11, 1956, and on November 20, 1961, a final decree for sale of the mortgaged property was also passed. On March 1, 1966, the Registrar of this Court was directed to sell the mortgaged property to the best purchaser, without fixing a reserve price, but subject to confirmation by this Court. On July 9, 1966, the Registrar, Original Side, sold the mortgaged properties to the highest bidders for Rs. 7,30,000. The purchasers subsequently made an application for payment to them of a sum of Rs. 5,47,500 and also for an order for a reference to the Registrar for investigation of title of the property and to inquire whether a good title could be made out and further to report as to the parties who should be joined in the conveyance. On August 18, 1966, the purchasers deposited the balance of purchase price and paid the same into Court without prejudice to any question as to title to the said property. On January 25, 1967, an order was made directing the Registrar to investigate into the title to the property and to inquire whether a good title could be made out and to report as to the parties who should be joined in the conveyance. Pursuance to this order the Registrar held a reference and made his report on August 25, 1967. On September 25, 1967, an order was made confirming the report and findings of the Registrar with a variation that two of the defendants in the suit should join in the conveyance for self and as karta of the joint Hindu Mitakshara family. On January 15, 1968, an order was made confirming the sale and directing issue of a certificate of sale and also directing the Official Receiver to hand over possession to the purchasers.

(3.) Therefore, the plaintiff-respondent made an application on a chamber summons on May 28, 1968, for an order that the purchase price amounting to Rs. 7,30,000 after deduction for costs charges for expenses be paid to it towards its claim under the final decree and also that a sum of Rs.4,00,000 be paid to its Solicitors out of the sum payable to it towards the costs of various proceedings. This application was disposed of by the order dated January 29, 1969, which is the subject-matter of this appeal.