GURUDAS BISWAS Vs. SRIMATI THAKAMANI DASI

JUDGEMENT

(1.) This appeal and the Rule connected with it arise out of proceedings under Section 47 and Order XXI, Rule 90, of the Civil Procedure Code under the following circumstances.

(2.) It appears that one-half of the properties which are the subject-matter of the proceedings were mortgaged to the appellant, and the other half to one Shama Charan Biswas. The appellant purchased the one-half mortgaged to him in execution of his mortgage decree for Rs. 4,000 on the 10 January 1905 and obtained symbolical possession in 1907. The other half was purchased by the other mortgagee.

(3.) The properties were comprised in a jote, and the landlord brought a suit for rent against the original tenant, the mortgagor, on the 11 February 1905, i.e., about a month after the appellant's purchase. The rent suit was decreed on the 31 March 1905, and the jote was sold in execution of the decree on the 11 April 1905 and purchased by the decree-holder for Rs. 185.