AMBICA CHARAN DUTT Vs. RAMGATI GUHA

JUDGEMENT

(1.) It appears that the husband of the defendant No. 1 in this suit mortgaged certain land to the plaintiff in May 1902 and the following dates are of some importance in reference to the only question which arises for determination.

(2.) In 1908 the plaintiff brought a suit on his mortgage and on the 6th April 1908, he obtained a preliminary decree under which he was entitled to recover the sum of Rs. 900-5-0 or in default of payment of that sum to bring the mortgaged property to sale.

(3.) In 1906 the mortgagee s landlords brought a suit for the rent of the land and on the 27th June 1906, obtained a decree for Rs. 116-4-6. In execution of that decree the land was sold on the 23rd April 1908 for something under Rs. 900.