NAGENDRANATH PAUD Vs. SRIMATI SORAT KAMINI DAST, AND ON HER DEATH HER SONS AND REISS JAMINI MOHAN SORKAR

JUDGEMENT

(1.) This appeal arises out of a suit for recovery of rents realised by the defendant from certain tenants in respect of certain lands purchased by the plaintiff at a sale held in execution of a mortgage-decree obtained by two persons, Digambar Pal and Gopinath Daripa.

(2.) It appears that subsequent to the decree obtained by the mortgagee, the mortgagor granted a usufruetuary mortgage in favour of the defendant. The defendant entered into possession of the property under it and realised rent from certain tenants of the property. The plaintiff, after his purchase at the sale held in execution of the mortgage-decree, obtained possession of the property through the "Court from the defendant, and then brought the suit out of which this appeal arises for recovery of monies realised by the defendant from the tenants for certain kists of Jeyst and Bhadra 1320, Fasli.

(3.) It is found that the defendant's usufruetuary mortgage was pendente lite and, as such, invalid as against the plaintiff. The plaintiff describes the defendant in the plaint as a trespasser.