JAGABANDHU PAL CHOWDHURY Vs. HALADHAR PAL CHOUDHURY

JUDGEMENT

(1.) This is an appeal by the judgment-debtors against an order of the Subordinate Judge dismissing their objection and ordering execution to proceed in execution proceedings on a mortgage decree.

(2.) On the 23rd August 1894 fourteen persons took a patni lease in the names of four of their number paying a salami of Rs. 39,000. Partly for the purpose of raising the necessary funds money had been borrowed by different combinations of these persons. In one of these transactions a mortgage bond for Rs. 12,000 was executed on the 17th August 1894 by ten of the fourteen persons, though it was expressly stated in the mortgage bond that two of the ten had no interest in the property mortgaged.

(3.) On the 29th August 1894 the fourteen persons executed an ekrarnama, in which it was stated that the parties wished to settle their shares and make arrangements for the re- payment of the debts so as to avoid disputes in future. The interests in the patni allocated to individuals were sat out in a schedule and the individuals were arranged in two groups; one group of six having 5 1/2 annas and the other of eight having 10 1/2 annas in the patni. The ehrarnama set out in what proportion the debts were to be borne by the two groups. In short, the 5 1/2 anna co sharers took the liability for Rs. 15,500 and the 10 1/2 annas co sharers the liability for the rest of the debts amounting to Rs. 30,000. The liability for the Rs. 12,000 borrowed on the mortgage was divided Rs. 4,000 to the 5 1/2 annas and Rs. 8,000 to the 10 1/2 annas co-sharers.