Judgement

SHELAT, J. :- One Sambhu Charndas and Sannyashi Charan Das owned 2 bighas and 18 cottahs of land with a conal struction standing thereon, situate in Salkiah District Howrah. By a deed of mortgage by conditional sale dated June 2, 1933 the said owners mortgaged the said property to secure repayment of Rs. 2,750 advanced to them by Panchu Gopal Srimani, then a minor through his mother, Prabhavati Dassi as his certificated guardian. The said mortgage inter alia provided that if the mortgage amount was not repaid by the due date i. e. April 14, 1935 the mortgage would be considered as a deed of absolute sale and the mortgagee would be entitled to take possession of the property. On June 18, 1934 the mortgagors assigned their right, title and interest in the said property to one Satchidananda Hazra. As the said mortgagors or the said Hazra failed to pay the said mortgage amount on the due date, the mortgagee filed a suit on July 17. 1945 for enforcement of his rights impleading the two mortgagee and the said Hazra as defendants. In that plaint the mortgagors prayed for a decree for Rs. 5,426-10-6, being the amount then due under the said mortgage and for fixing the time for pay