NIDHIRAM BANDOPADHYA Vs. SARBESSUR BISWAS

JUDGEMENT

(1.) In this appeal, the only point argued on behalf of the appellant is one purely of law. The facts are not disputed. The plaintiffs are the purchasers of a property which was sold and purchased in execution of a mortgage-decree by one Dwarka Nath in satisfaction of a mortgage-bond, dated the 22 September, 1889. The defendant No. 1 in the purchaser of properties including the above-mentioned property which were brought to sale and purchased by the prior mortgagee, the defendant No. 2, in execution of his mortgage-bond, dated the 3 May 1884.

(2.) The suit on the first mortgage was brought on the 28 March 1892 and the sale in execution at which the decree-holder, defendant No. 2, was the purchaser was held on the 21 March 1893. The properties were, sold by the defendant No. 2 to the defendant No. 1 on the 14 July 1893.

(3.) The suit instituted by the plaintiff's vendor Dwarka Nath on his mortgage was not instituted till the 6 November 1894, that is to say, till after the proceedings in the suit on the prior mortgage had been brought to an end. The purchase by Dwarka Nath at the sale in execution of his decree was made on the 20 July 1895 and the plaintiff purchased on the 19 May 1905.