MASTULLA MANDAL Vs. JAN MAMUD SHA

JUDGEMENT

(1.) The decree-holder, respondent in this Court, is the mortgagee of a certain property belonging to the judgment-debtor appellant. The respondent appears to have obtained a decree against the appellant on the basis of his mortgage, directing, in the first instance, the sale of the mortgaged property. Subsequently the mortgaged premises were sold, as has been found by the Subordinate Judge, for arrears of rent due therefor, and were purchased by the mortgagee. The Subordinate Judge finds that the respondent drew out from the Court the balance of the surplus sale-proceeds, and we have it that he applied it pro tanto to the satisfaction of the mortgage decree. He now seeks to proceed for the balance of his decree against the other properties of the judgment debtor.

(2.) An objection was taken by the judgment-debtor appellant in this Court, that the decree- holder, mortgagee, was bound, under the terms of his mortgage decree, to put up to sale in the first instance the mortgaged property.

(3.) The Munsif gave effect to that objection. The Subordinate Judge has overruled it, and allowed the mortgagee decree-holder to take out execution against the other properties of the mortgagor.