SHAHID HUSAIN KHAN Vs. MOHAMMAD ZAHURUL HUQ

JUDGEMENT

(1.) The Bale mast be made absolute. The order of the Magistrate as regards plots Nos. 871, 627 and 641 under Section 144 of the Code of Criminal Procedure, dated the 29th July 1920, was under misapprehension. The petitioner is admittedly in possession of these plots as an usufructuary mortgagee. The mere deposit of the mortgage money under Section 83 of the Transfer of Property Act does not ipto facto transfer the possession of the property to the depositor, nor causes a cessation of the possession of the mortgagee. The mortgagee is only liable to loss of interest, The depositor is only entitled to recover possession through the Civil Court. The. order is, therefore, set aside so far as these plots are concerned. The order as to the other plots must remain. In fast no Rule was issued as regards the other plots.