Kolkata Court June 1900 Judgments

Dinonath Ghose and anr. Vs. Shama Bibi, Widow of Chhanu Lal Agarwalla

Court: Kolkata

Reported in: (1901)ILR28Cal23

Rampini and Pratt, JJ.1. The facts of this case are as follows:--The plaintiffs sue for a declaration that a certain plot of 2 bighas of land with the building thereon is their property by right of purchase on the 28th December 1892 at an execution of a decree obtained against Suleman Bukt. They further pray that the defendant may be restrained from selling this property in execution of a mortgage-decree obtained by the defendant's predecessor against Prince Rahimuddin. The defendant s predecessor sued Prince Rahimuddin on an equitable mortgage, and obtained a decree on the 6th October 1890. Subsequently Prince Rahimuddin died, and his heirs, inoluding his son Suleman Bukt, were substituted at their own request as defendants in the mortgage case. Afterwards the mortgage-decree was made absolute; upon which, that is, on the 12th November 1892, Suleman Bukt raised an objection that the property belonged to him in his own right. This objection was allowed by the Subordinate Judge of the 2...