DINENDRONATH SANNYAL Vs. RAMCOOMAR GHOSE

JUDGEMENT

(1.) THIS is an appeal from a judgment and decree of the High Court at Calcutta, dated the 16th of March, 1877, which reversed an order of the Subordinate Judge of Rajshahye, dated the 10th of July, 1875, by which he ordered, amongst other things, that an Execution Case, No. 69 of 1875, instituted by the Respondents against the Appellants should be postponed until further orders.

(2.) AT the close of the arguments on the hearing of the appeal their Lordships, after deliberation, stated that they would humbly advise Her Majesty by their report to reverse the decree of the High Court and to affirm that of the Subordinate Judge of Rajshahye so far as it related to the Execution Case, No. 69 of 1875, and that the Respondents must pay the costs of the appeal. They, however, reserved the statement of their reasons for this report until after the argument of another appeal in some respects connected with this case, in which Taruck Chunder Bhuttacharjya is the Appellant and Bycuntnauth Sannyal and others are the Respondents.

(3.) THE history of the case is stated by the learned Judges in the judgment under appeal. It appears that in the year 1828 certain persons who are now represented in estate by the Appellants, and whom, as well as the Appellants, it will be convenient to speak of as the Sannyals, obtained a decree against certain other persons who, as well as the Bhuttacharjee, Respondents, may be called the Bhuttacharjees, for a sum exceeding Rs. 82,000. It was subsequently held that the judgment carried interest at 12 per cent. from the date of the decree until the realisation thereof. In execution of the decree the Sannyals attached, sold, and became the purchasers of certain immovable properties of the Bhuttacharjees, and obtained possession thereof, which they retained for many years. After considerable delay the Bhuttacharjees instituted proceedings to set aside the sale in execution, and on the 10th of November, 1857, obtained a decree of the Principal Sudder Ameen of Rajshahye setting aside the sale and declaring the right of the Bhuttacharjees to be restored to possession of their property with mesne profits. That decree was affirmed on appeal by the late Sudder Court on the 23rd of May, 1860.