MUSAMMAT BHAWANI KUMAR Vs. MATHURA PRASAD SINGH

JUDGEMENT

(1.) This is an appeal, from a judgment and decree of the High Court of Calcutta, dated the 10th January 1908, which set aside a decree of the Subordinate Judge of Gaya in Bengal, dated the 27th January 1905.

(2.) The suit was brought by the appellant as plaintiff to obtain possession of a certain share, amounting to 5 annas 1 1/2 pies, in four villages in the Gaya district which are named in the plaint. The appellant s rights are those of a purchaser who bought these properties at a revenue-sale, that is to save sale for arrears of revenue. The appellant pleads that he has received, in his character of purchaser and as from the date of sale, a right which cannot be defeated by the respondent. The respondent was a mortgagee holding a security over the property for money lent thereon, and in respect of this loan the property was sold in execution to him. It is out of this conflict between the rights of the former, who may be called the revenue vendee, and the latter, who was mortgagee and purchaser at the execution-sale, that the suit has arisen.

(3.) As their Lordships are unable to agree with the views which have been taken with regard to this case, either by the Subordinate Judge or by the High Court, it is necessary to mention certain dates which are material, and to test crucially what were the rights of parties at those dates.