PRAN KRISHNA PAN Vs. ATUL KRISHNA MUKHERJEE

JUDGEMENT

(1.) The plaintiff is the appellant in 1313 B.S. he lent Rs. 100 to the predecessor of the defendants Nos. 1, 2 and 3 and the latter executed a mortgage bond hypothecating the Jamai land now in suit and some other land. The present defendants sold the Jamai lands to defendant No. 4, who paid the plaintiff Rs. 100 out of the amount due to him. The suit is for the balance due on the bond. After defendant No. 4 s purchase the landlord sued the tenants for rent, and obtained a decree. In execution of that decree the jote was put up for sale and bought by defendant No. 5. The lower Appellate Court finds that this purchase was on behalf of the landlord, and that, the landlord afterwards settled the land with defendant No. 6.

(2.) The first Court decreed the plaintiff s suit, but on appeal by defendant No. 6 that decision was reversed so far as it related to the Jamai lands.

(3.) It is to be noted that the mortgage covered about two-thirds of the jote, not the entire area.