DUMA SAHU AND ORS Vs. JEOYNARAYAN LAL AND ORS
HIGH COURT OF CALCUTTA
DUMA SAHU AND ORS
JEOYNARAYAN LAL AND ORS
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(1.) This was a suit instituted by the plaintiff, now special appellant before as, for the enforcement of a mortgage-lien, bearing date the 13th October 1863. The defendant, special respondent, pleaded that the mortgage was a collusive transaction; that he, the defendant, had obtained a mokurrari lease of the property in question from the ancestor of the alleged mortgagor long previous to the date of the mortgage; and that in execution of a decree obtained by him against the mortgagor, the right, title, and interest of the mortgagor was put up to sale, and purchased by him, the defendant, in the year 1867. The Court of first instance gave a decree to the plaintiff : but on appeal the decision of that Court has been reversed by the Subordinate Judge.
(2.) In special appeal two objections have been taken before us, namely, first, that the decision of the Moonsiff of Chuprah, bearing date the 18th July 1866, and that of the Judge of the same district, bearing date the 6th of October of that year, have been improperly admitted in evidence for the purpose of showing that the defendant had obtained a mokurrari lease of the property in question long previous to the mortgage created in favour of the plaintiff; and, second, that the lower appellate Court is under any circumstances in error in holding that the purchase of the proprietary right of the mortgagor made by the defendant in the year 1867, is a valid purchase so far as the plaintiffs' mortgage is concerned.
(3.) We are of opinion that both these objections are valid. With reference to the first point, it is admitted that the decisions of the 18th July and 6th October 1866 were passed in a suit, which was instituted long after the date of the plaintiffs' mortgage; and the plaintiff, who was not a party to that suit, cannot therefore be bound by any decision which was passed in that case.;
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