MOHESH LAL Vs. MOHANT BAWAN DAS

JUDGEMENT

(1.) THIS is an appeal from a judgment and decree of the High Court of Judicature at Fort William in Bengal, upon appeal in suit brought by the appellant against the respondent and Mangal Das, in the Court of the Subordinate Judge of Bhagalpore.

(2.) IN that suit the appellant sought to recover with interest the sum of Rs. 33,989-12-6, of which Rs. 18,421-7-6 were alleged to be due upon a mortgage-bond, dated the 12th of May 1872, and the balance upon a running account from that date to the 13th of August 1875.

(3.) THE plaintiff claimed to recover the whole amount from the two defendants, and an order for auction sale of the property mortgaged and hypothecated under the bond for the satisfaction of the bond money. The property hypothecated by the bond consisted of one-third of mouzah Puraini Kalan, the whole of mouzah Kankerghat, the whole of mouzah Bishenpur Kantahi, and the whole of mouzah Ghuneshyampur Pathurghat, of which the last three mouzahs at the date of the bond were the property of the asthal of Jankinagar, or of the respondent, the mohant thereof.