JASADA LAL PAL CHAUDHURY Vs. BALARAM PODDAR

JUDGEMENT

(1.) The subject-matter of the litigation which has culminated in this appeal is a valuable trait of land in the eastern suburb of this city, which admittedly belonged at one time to the Calcutta Electric Supply Corporation. On the 21 December 1901, the Corporation executed a conveyance of the land in favour of one Baburam Saha, member of a family of Sahas, whose relationship will appear from the following of pedigree:

(2.) The plaintiff and the defendant are strangers to the family of Sahas, and each of them claims to have acquired exclusive title to the disputed property by purchase at an execution sale. The history of the respective titles set up by them may be briefly narrated at this stage.

(3.) On the 25 August 1913, Abhoy Chandra Saha, a brother of Baburam Saha, obtained a loan of Rs. 10,000 from the plaintiff, on an equitable mortgage by deposit of title-deeds of the dispnted property. In this transaction, he professed to act on behalf of himself and as Attorney for his three brothers; in substance, he hypothecated the property on the assumption. that he. and his three brothers were the only persons interested therein. The loan was not re-paid, with the result that on the 21 July 1916 the plaintiff sued the mortgagors to realise his dues. The suit was decreed on the 7 September 1916, and notwithstanding the objection of the present defendant, who made an ineffectual attempt to intervene in the execution proceedings, the mortgage property was told on the 10 July 1917. The mortgagee himself became the purchaser and obtained delivery of possession through Court on the 17th September 1917. He could not, however, obtain actual possession and was constrained to institute the present suit on the 28 April 1919.