MIDNAPORE ZEMINDARY CO LTD Vs. SARADINDU MUKHOPADHAYA

JUDGEMENT

(1.) This is an appeal against the judgment and decree of the Subordinate Judge Nadia in a suit on a mortgage.

(2.) The material facts are not in dispute. On 18-9-1916, Maharaja Kshounish Chandra Ray Bahadur and Satyendra Narayan Bagchi, Executors to the estate of Saratmani Devi deceased executed a mortgage deed in respect of the patni taluk-lot Plassey in consideration of a loan of Rs. 25000 which was to carry interest at the rate of 12 annas per cent, per month until realisation. Under this patni taluq were a number of subordinate tenures, two of which were darpatnis held by the Midnapore Zemindari Corporation.

(3.) In 1927, the executors to the estate of the late Saratmani Devi, made over the estate to Deb Nandan Mukhopadhaya, who was in control of the estate until 8-8-1930 when he executed a deed of trust in favour of Srimati Maya Devi. Deb Nandan borrowed Rs. 60,000 from Surpat Singh, Mahipat Singh and Bhupat Singh on 27-6-1928 and mortgaged the same properties for the second time. Again, on 8-10-1929 Deb Nandan borrowed Rs. 30,000 from Bepin Behari Laha and executed a third mortgage in respect of the same properties.