AKHOY KUMAR SOOR Vs. BEJOY CHAND MOHATAP

JUDGEMENT

(1.) This is an appeal against the order of the Subordinate Judge of Hooghly, dated thh 22nd April, 1901 allowing an objection raised by the respondent in certain execution proceedings to which he had been made a party by the appellant. The order was to the effect that no execution could proceed against him.

(2.) The appellant, Akhoy Kumar Soor, was the mortgagee of one Hira Lal Sarkar who, by a bond dated the 25 November, 1886, mortgaged with other property his one-third share in the disputed taluk Rampore. The present respondent, the Maharaja of Burdwan, was the owner of the whole of the superior patni tenure. In 1891 the appellant, Akhoy Kumar Soor, sued on his mortgage and obtained a decree against his mortgagor, Hira Lal Sarkar, on the 11 January, 1892, which, on the 26 May, 1892, was made absolute.

(3.) Meanwhile, the mortgagor and his co-sharers had defaulted in paying their darpatni rent for the years 1889 to 1892; and, in consequence, the Maharaja, the patnidar, sued them and obtained a decree on the 30 March, 1893; on the 27 July, 18961, the Maharaja applied for execution of his decree against the property of the debtors and the darpatni was put up for sale and purchased by the Maharaja on the 11 December, 1893. The sale was confirmed on the 9 June, 1894, and a sale certificate delivered to the purchaser on the 18 March, 1895.