KAILASH CHANDRA TARAFDAR Vs. GOPAL CHANDRA PODDAR

JUDGEMENT

(1.) (December 7, 1925.)---This appeal arose out of an application, for execution of a certain decree in a mortgage suit.

(2.) Certain properties belonging to the judgment-debtor were attached including a certain basha. On 18 December, 1916, one Mohim Chandra Chaudhuri filed a claim alleging that the basha in dispute belonged not to the judgment debtor but to him and his brother Girish. Girish also filed a separate claim. Both these claims were dismissed and the basha sold and purchased by the decree holder. Girish and Mohim filed a suit asking for a declaration that the judgment-debtor had no saleable interest in the property and the plaintiff had a putni right.

(3.) The suit was decreed in full but modified on appeal, the plaintiff's putni right being declared but no further relief being given.