PASHUPATINATH MAILA Vs. DEBA PROSANNA MUKHERJEE
SUPREME COURT OF INDIA (FROM: CALCUTTA)
DEBA PROSANNA MUKHERJEE
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(1.)This appeal arises out of a suit filed by the appellants on 2-1-1941, in the Court of the Subordinate Judge, Asansole. That suit came to be filed in circumstances which may now be stated shortly.
(2.)A suit had been instituted by one Kumar Dakhineswar Malia against Rameswar Malia, Rani Bhaba Sundari and others for partition of the Searsole Raj Estate. One Bhagabati Charan Mitra was appointed receiver of that estate in that suit. On 10-8-1908, the said receiver with the permission of the Court which had appointed him as receiver granted two mining leases, each for 999 years-one in respect of 5/16 share of the Malias in Mouza Monohar Bahal and the other in respect of 230 bighas in village March Kota-to a firm then carrying on business under the name and style of Laik Banerjee and Company. On the same day, the said receiver with like permission mortgaged these properties to the said firm as security for the due repayment of the loan of Rs. l00,000 advanced by that firm. The Malias joined the receiver in executing the aforesaid leases and the mortgage. As a result of these transactions the firm of Laik Banerjee and Company became the lessees for 999 years of the two properties as well as the mortgagee of the lessors' interest in the same. By diverse processes not necessary to be detailed, the appellants have become the successors-in-interest of the mortgagors and the respondent Deva Prasanna Mukerjee has become the successor in interest of the mortgagee under the mortgage of 10-8-1908.
(3.)On 31-3-1999, Deva Prasanna filed suit No. 78 of 1922 for enforcing the mortgage of 1908. Preliminary decree was passed in the last mentioned suit on 31-7-1928, and a final decree for sale was made on 26-2-1929. In execution of this final decree, the mortgaged properties were sold at a court sale and were purchased by Deva Prasanna at and for Rs. 59,000. This sale was confirmed by the Court on 30-6-1931. A large sum remaining still due to Deva Prasanna, be applied for, and on 30-10-1935, obtained a personal decree to Rs.1,17,179.0-6 against Raja Pramatha Nath Malia who had by inheritance acquired the lessors' interest and become the borrower.
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