SUDHIRKUMAR BOSE Vs. CHANDRA KANTA SHEWLI

JUDGEMENT

(1.) In my opinion, this Rule should be made absolute. The court below was wrong in saying that a claim under Section 73, Transfer of Property Act, as it now stands can be enforced only a suit. The section as it stood before its amendment in 1929 only created a charge in favour of the mortgagee on the surplus sale proceeds of the mortgaged property where it was sold through failure to pay arrears of revenue or rent due in respect thereof.

(2.) The result is that the Rule is made absolute, the order of the learned Munsiff is set aside and it be directed that the Munsiff should issue a payment order in favour of the mortgagee out of the surplus sale proceeds.

(3.) There will be no order as to costs.