ANUKUL CHANDRA MANNA Vs. DEBENDRA NATH DUTTA

JUDGEMENT

(1.) This is a petition for revision of an order of a learned Munsif refusing to stay an application under Section 83, T.P. Act.

(2.) On 7 November 1941, opposite parties 2-and 3 executed an anomalous mortgage in favour of the petitioner under which the petitioner obtained possession of the property. On 1st June 1945, opposite parties 2 and 3 executed an agreement for sale of their interest in the, mortgaged property to the petitioner, that is, they agreed to sell the equity of redemption. On 27 June 1945, the opposite parties executed a sale deed of the equity of redemption in favour of opposite party 1. On 2 October, 1945 the petitioner instituted a suit against opposite parties 2 and 3 for specific performance of the agreement of sale of the equity of redemption dated 1 June 1945. On 27 November 1945, opposite party 1 made an application under Section 83, T.P. Act, for redemption of the mortgage of 7 November 1941.

(3.) The petitioner who, as I have said, had already instituted a suit for specific performance, applied in the Court of the learned Munsif for an order staying the petition under Section 83, T.P. Act. The learned Munsif was of opinion that the issues involved in the two litigations were different and he refused to grant a stay.