ANANDA MOHAN ROY Vs. PROMOTHA NATH GANGULI

JUDGEMENT

(1.) These appeals rise out of proceedings in execution of decrees under the following circumstances: One Chandra Nath Ganguli and his brother mortgaged certain properties to one Giridhari Lal Roy in 1907 together with all "rents, issues and profits" of the properties mortgaged. The mortgagee obtained a decree upon the mortgage in the original side of this Court, and in execution of the decree the properties hypothecated together with "all arrears of rent" were Hold on the 29th July 1916 and were conveyed to the appellants in this case by the Registrar of this Court by a conveyance, dated the 15th September 1916.

(2.) Before the purchase by the appellants, the mortgagors instituted rent suits against tenants holding james under the properties hypothecated, and obtained decrees on the 15th September 1916, i.e, on the very day the appellants obtained their conveyance from the Registrar. The appellants there upon applied for execution of the decrees. The applications were opposed by the Gangulis, with the result that they were dismissed by the Courts below. The appellants are not the decree holders, though they have got a right to the arrears of rent for which the decrees were obtained by the Gangulis, and the question is whether they can execute the decrees although they did not get themselves substituted in the rent suits, which they could not do, as the decrees were passed on the very day they obtained their conveyance.

(3.) The Courts below in disallowing the applications have relied on the case of Ramsahai v. Gaya 7 A. 107 : A.W.N. (1884) 224 : 4 Ind. Dec. (N.S.) 305 and Dost Muhammad v. Altaf Husain Khan 17 Ind. Cas. 512.