LAKSHMI NARAYAN MAITI Vs. GOPAL CHANDRA MAITY

JUDGEMENT

(1.) This appeal arises out of an application by the plaintiff decree-holder to recover the balance of his mortgage debt, otherwise than out of the property sold, under Section 90 of the Transfer of Property Act.

(2.) The Court of first instance refused that application, relying on the case of Ram Ranjan Chakravarti V/s. Indra Narain Dass 33 C. 890 : 10 C.W.N. 862. The lower appellate Court has construed that authority differently and has allowed the application.

(3.) In second appeal, by the defendants judgment-debtors, the contention is that, inasmuch as the plaintiff consented to reduce his security to 2 bighas 16 cottahs only, he was not entitled to proceed against any other property of the judgment-debtors under Section 90 of the Transfer of Property Act.