BAL MAKUND RUITA Vs. MATI LAL BURMAN

JUDGEMENT

(1.) The contest of this appeal is as to the respective rights of a purchaser under a mortgage- decree and a lease-holder in possession who was not a party to the mortgage suit. The plaintiff in this suit is the purchaser and the contesting defendant is the lease-holder. The plaintiff prays for possession or in the alternative that the lease-holder be directed to redeem.

(2.) The other defendants are the mortgagors and former claimants under mortgages or their representatives. The two mortgagors are Debendra Narayan, who is represented by defendant No. 3, and his brother Upendra Narain defendant No. 4. These brothers were the sons of Joy Narain Saha, a Hindu governed by the Bengal School of Law who died before the mortgages to which I will next refer. On his death each of these brothers became entitled to 1/4th share in the family property, their uncle, with whom we have no concern, being entitled to the other moiety.

(3.) On the 3rd of May 1894, Debendra mortgaged his 1/4th of the property in suit to the defendant Srimati Isvari Debi and Srimati Bhuban Mohini Debi, the mother of defendants Nos. 7 and 8, to secure Rs. 400 with interest at 2 per cent, per mensem with monthly rests.