MOHUNLAL KUNDU Vs. NANIBALA DABEE

JUDGEMENT

(1.) The applicant is the purchaser of certain property at a Registrar's sale, and seeks to have the sale set aside and the deposit refunded.

(2.) The property in question is No. 48 5, Boloram Dey Street. This was purchased in September, 1912, in the name of one Nanibala Dabi, the wife of Mani Haldar On 22nd May, 1922, Mani Haldar and Nanibala borrowed moneys from plaintiff on mortgage of the property. On 10 June-1923, Mani borrowed certain money from one Durlava Sett upon a promissory note. This debt was assigned by Durlava Sett to one Satya Srimani who obtained a decree against Mani Haldar on 28 August, 1924, in suit No 2106 of 1924. On 8 September, 1924, Satya Srimani in execution obtained an order for attachment of this property, and on 11th September. 1924, the Sheriff attached the property. On 8 November, 1924, Nanibala instituted claim proceedings.

(3.) On 16 November, 1925, the plaintiff filed a suit on the mortgage.