RAM LAL DAS, COMMON MANAGER TO THE ESTATE OF SACHINDRA NATH ROY, Vs. BANDI RAM MOOKHAPADHATA, AND ON HIS DEATH HIS HEIRS AND LEGAL REPRESENTATIVES KALI SANKAR MOOKHERJEE

JUDGEMENT

(1.) This appeal arises out of a suit for recovery of Rs. 547-5 principal and Rs. 93 as interest thereon under the following circumstances.

(2.) The defendants Nos. 1 to 6 were putnidars who obtained a decree for rent of a dar-patni against defendants Nos. 7 and 8. The taluk was sold in execution of the decree on the 2nd July 1912 and the sale was confirmed on the 8th March 1913. After satisfying the rent decree, there remained in deposit in Court Rs. 2,506 as surplus sale-proceeds. The patnidars applied for payment to them (out of the surplus sale-proceeds) of the rent which had fallen due in respect of the tenure between the institution of the suit and the date of the confirmation of sale, obtained an ex narts order and withdrew the sum of Rs. 547-5 for arrears up to the date of the confirmation of sale.

(3.) The present suit was instituted by the plaintiff on the allegation that the defendant No. 8, one of the dar-patnidars, had mortgaged his dar-patni interest to the plaintiff and the latter had obtained a mortgage decree which was partially satisfied by the sale of other properties, and that the mortgage lien over the property sold had been transferred to the surplus sale proceeds.