SASI BHUSAN PAL Vs. CHANDRA PESHKAR

JUDGEMENT

(1.) This is an appeal against a decision of the District Judge of Nadia, dated the 25 June 1904.

(2.) The facts of the case are these. The plaintiff sued for a declaration of his mortgage lien over the property belonging to the defendant No. 2 and also for the issue of a temporary injunction to restrain the auction sale of that property at the instance of the defendant No. 1. The defendant No 2 (the mortgagor) admitted the bond. The defendant No. 1 contended that the bond was a fraudulent and collusive deed.

(3.) The Munsif found all the issues in favour of the plaintiff, but dismissed the suit on the ground that the mortgage bond was not proved according to law.