BEPIN KRISHNA GHOSE Vs. BYOMKESH DEB

JUDGEMENT

(1.) This is an appeal from the judgment of my learned brother Mr. Justice C.C. Ghose delivered on the 4 of February 1924 whereby ho dismissed an application which had been made by the plaintiff.

(2.) The application was for an order that the properties set out in Part II of Schedule A. annexed to the report of the Assistant Referee, dated the 24 of July 1922, should be sold by the Registrar to the best purchaser or purchasers that could be obtained for the same free from all encumbrances, and that the sale proceeds should be applied in the first instance in payment of the amount due to the plaintiff under the decree passed in the suit and dated the 22 April, 1919.

(3.) The facts, which it is necessary for me to state for the purpose of my judgment, are as follows: On the 16 of January 1908 the plaintiff lent a sum of Rs. 5,000 to one G.K. Deb with interest at 12 per cent and this loan was secured by the pledge of certain jewelleries handed to the plaintiff by G.K. Deb. On the 22 January, 1916, G.K. Deb died intestate leaving three sons, Byomkesh Deb, Hrishikesh Deb and Srikesh Deb, as his heirs; and it was not disputed that under the law applicable to this family the sons were liable to pay the debts of their father out of the estate of G.K. Deb.