SHAILABALA RAY Vs. JNANENDRANATH GANGULI

JUDGEMENT

(1.) This is a Chamber summons taken out by certain purchasers at a Registrar's sale in a" mortgage suit and adjourned to Court for hearing. The mortgaged premises are No. 22, Nayanchand Datta Street, and they were brought to sale by public auction in pursuance of the final decree passed on 8 April 1927. In the notification of sale the premises are described as follows: All that brick-built, partly one storeyed and partly two storeyed, messuage, tenement or dwelling house together with the piece or parcel of land thereunto belonging, containing by measurement 8 cottas 5 chhittaks 18 sq. ft. more or less, situate, lying at and being premises No. 22, Nayanchand Datta Street, in Sutunati in the northern part of the town of Calcutta.

(2.) Of the conditions of sale the following are material: Condition 2. The sale is subject to a reserved bidding which has been fixed by the Registrar. Condition 12. Where any error or misstatement shall appear to have been made in the particulars or description of the property, all such errors or misstatements, where capable of compensation, shall not annul the sale nor entitle the purchaser to be discharged from the purchase; but compensation shall b3 made to or by the purchasers as the case may be, and the amount of such compensation shall be settled by a Judge in Chambers.

(3.) The applicants were, on 27 June 1928, declared the highest bidders and [purchasers of the premises at the price of Rs. 36,150. There were certain objections as to title, which the purchasers failed to substantiate, and eventually a certificate of sale was granted on 18th February 1929, and, on 27 March, possession of the premises was obtained through the Sheriff.