HARI CHARAN NATH Vs. BARADA PRASAD MONDAL

JUDGEMENT

(1.) This is an appeal by the plaintiff, a borrower, from a decision of a learned Sub-ordinate Judge of the 24 Parganas reversing or rather" modifying, the decision of the learned Munsif of the second Court at Baruipore.

(2.) The plaintiff's case in brief is that he borrowed Rs. 25 and Rs. 50 from defendant 1 on two promissory notes, that he failed to pay and that defendant 1 filed a suit and obtained a decree with interest at 25 per cent Defendant 1 purchased in execution plaintiff's homestead for Rs. 85 on 14-7-1938. The decree is still unsatisfied. Defendant 1 sold the homestead to defendant 2. The plaintiff applied for reduction of interest and for instalments.

(3.) Both the defendants contested. Defendant 2 alleged that he was a bona fide purchaser for valuable consideration so that the decree could not be re-opened. Defendant 1 raised certain defences which are not now material. The learned Munsif found for the plaintiff in full and gave a decree for sums aggregating about Rs. 120 payable in four instalments.