HARIDAS ROY Vs. CALCUTTA COMMERCIAL BANK LTD
HIGH COURT OF CALCUTTA
CALCUTTA COMMERCIAL BANK LTD. (IN LIQUIDATION)
Click here to view full judgement.
Laik, J. -
(1.)The relevant facts leading to the present appeal are as follows : On August 4, 1941, one Debendra Chandra Roy (hereinafter referred to as Deben) and his son Indu Bhusan Roy (hereinafter referred to as Indu) executed a mortgage in favour of the Respondent No. 1, the Calcutta Commercial Bank, in liquidation (hereinafter referred to as the Bank), to secure the repayment of a sum of Rs. 8,000/- and odd. The mortgaged property was a piece of rent-free Brahmottar land, situate in Belghoria in the district of 24 Parganas, the mortgagors holding permanent intermediary interest therein.
(2.)In March 1950, a suit was instituted by the Bank for enforcement of the said security against Deben and his two sons Santi and Indu being Defendants Nos. 1. 2 and 4 respectively. Two other persons viz., Soroshi and Aswini were impleaded as Defendants Nos. 3 and 5 respectively.
(3.)Deben died in May, 1950 leaving behind him, surviving his widow Sm. Saraiu Bala and his 4 sons viz., the said Santi (Respondent No. 2), Indu (Respondent No. 3). Haridas (Appellant No, 1) and Narayan (Respondent No. 4), Deben left also one daughter viz., Sm. Sadhana Roy Chowdhury being Appellant No. 2 in the above appeal.
Copyright © Regent Computronics Pvt.Ltd.