ASHUTOSH BASU Vs. SUDHANGSHUBHUSHAN MUKHERJI

JUDGEMENT

(1.) In this matter Sudhangshubhushan Mukherji, one of the mortgagors, applies for liberty to pay to the Registrar Rs. 1,365-0-0, being 5 per cent of the purchase money in respect of a sale held by the registrar of this Court under a mortgage decree on 11 April 2930. and that thereupon the sale be set aside.

(2.) It appears that the mortgagees have been paid and that a sum equivalent to 5 per cent of the purchase money was paid in on the last possible day. There wore three purchasers of four lots sold.

(3.) The only question for decision is whether these purchasers are entitled to anything over and above 5 per cent in their purchase money and of course the return of their deposits. The firm of Chandanmull Indrakumar, purchasers of lots 3 and 4 for Rs. 3,050 and Rs. 2,000, respectively claim in addition to the 5 per cent Rs. 604-13-0 as costs alleged to have been incurred in investigating the title and preparing for the completion of the sale before notice that the mortgagor was applying to set aside the sale.