Kolkata Court July 1899 Judgments

Mahomed Yusuf Vs. Abdur Rahim Bepari and ors.

Court: Kolkata

Reported in: (1899)ILR26Cal839

Banerjee, J.1. In this appeal, which arises out of certain proceedings taken in execution of a mortgage decree, the only question raised on behalf of the appellant who was defendant No. 7 in the Court below, and was made a defendant as being the purchaser of a portion of the mortgaged property, is, whether Section 4 of the Succession Certificate Act is a bar to the execution proceedings which were instituted upon the application of the original mortgagee, by reason of the original mortgagee having died during the pendency of the proceedings and his legal representatives who were substituted in his place not having produced any succession certificate.2. The learned Vakil for the appellant very fairly admits that the weight of authority in this Court is apparently against his contention, but he seeks to distinguish the cases bearing upon the point, viz., Roghu Nath Shaha v. Poresh Nath Pundari (1887) I.L.R., 15 Cal., 54; Kanchan Modi v. Baij Nath Singh (1892) I.L.R., 19 Cal., 336, and Ba...