R.M. Datta, J. - (1.) This is an application under Order 21, Rule 95 of the Code of Civil Procedure. The Defendant Kartick Kumar Dhur is the judgment -debtor in a mortgage decree in respect of the undivided half share in the premises No. 32B, Brindaban Bysack Street, Calcutta. The final decree was passed on August 17, 1960. The sale order was made. The Petitioner Ginia Debi was declared the highest bidder at a price of Rs. 24,000. The Petitioner paid the entire purchase money. On September 28, 1965, the sale was confirmed. The sale certificate had been duly granted in favour of the Petitioner.
(2.) The property was sold, inter alia, on the following conditions of sale: Upon payment of the purchase money in manner aforesaid, the purchaser shall be entitled to possession of such parts of the property as are in hand, and to the rents and profits of such parts as are let as from the day of such payment, and shall be entitled to a proper conveyance, wherein all proper parties shall join as the Registrar shall direct.
(3.) The other undivided half share of the property had also been purchased by the Petitioner on October 9, 1964, from the United Bank of India Ltd. which was the mortgagee -purchaser of the share of Kartick's brother Aukhoy under the mortgage -decree passed in a different suit.;