BIPIN BEHARY MITTER Vs. JOTINDRA NATH GHOSH

JUDGEMENT

(1.) This is an appeal from an order made by the Subordinate Judge of the 24-Pergannahs on the 30 of June 1908, setting aside a sale in execution held as far back as September 1902.

(2.) The mortgage, on which the suit and the execution proceedings were founded, bears date the 9 of December 1896 and thereby Surendra Nath Chose and Manindra Nath Ghose mortgaged the property in dispute to Lalbehary Mitter to secure Rs. 25,000.

(3.) On the 25 of September 1899, the mortgagee instituted a suit against the mortgagors and certain prior and puisne mortgagees for the realization of Lis mortgage, and on the 1 of August 1901, a decree was passed on appeal by the High Court directing, in the events that have happened, a sale of the property subject to all prior incumbrances unless the incumbrancers consented to the sale. On the 18 of January 1902, an order absolute for sale was made.