Kolkata Court February 1906 Judgments

Jaggeswar Dutt Vs. Bhuban Mohan Mitra

Court: Kolkata

Reported in: (1906)ILR33Cal425

Mookerjee, J.1. The facts which have given rise to the litigation out of which this appeal arises, so far as it is necessary to state them, lie in a narrow compass and do not admit of any substantial doubt or dispute. On the 27th March 1893, the first defendant to the suit, Mathura Nath Mazumdar, executed a mortgage in favour of the plaintiff in respect of seven properties The interest, which the mortgagor purported to convey to the mortgagee in properties 1, 2 and 4, was that of a permanent lessee under the second defendant, Krishna Chandra Grhose, who had granted leases in his favour on the 31st January and 29th February 1888. After the grant of these leases by the second defendant in favour of the first defendant, and before the execution of the mortgage by the second defendant in favour of the plaintiff, in 1891, some creditors of the second defendant had caused these properties to be sold in execution of decrees which they held against him, and at these sales the first and the fou...