ORDER

This appeal by special leave arises from the judgment of the Division Bench of the Calcutta High Court, made on April 29, 1988 in Original Decree No. 52/78.

2. This case has a chequered history. The property bearing No.10-D, Puddapukur Road, P.S. Bhowanipur, Calcutta-20 is the subject matter of an endless litigation at four stages. Initially, the property was shared by two brothers Haridas and Gunendra in equal shares. Haridas hypothecated his half share to Rabindra Nath Bose, who had filed Title Suit No. 130/1927 for foreclosure of mortgage and a preliminary decree therein was granted on April 7, 1927. A decree for a sum of Rs. 9,222/- was passed. Since the amount was not paid the property was brought to sale and a final decree was passed on August 16, 1927 in which Rabindra Nath Bose had purchased the half share of Haridas. A sale certificate in that behalf was given on February 22, 1928.

3. It would appear that Gunendra a minor represented by his mother Sailabala, filed Title Suit No. 13 of 1929 which was ultimately compromised by Sailabala and Rabindra Nath Bose by compromise decree dated July 17, 1929 in which she received certain amount, the details of which are not materi