Judgment

SHAH, J. - Mohammed Ibrahim (hereinafter called "the plaintiff") instituted an action in the Court of the Subordinate Judge, Alipore for a decree in ejectment in respect of land occupied by the Luxmi Spinning and Weaving Mills Ltd. as his tenant. The suit was decreed on October 1, 1953. Before the decree was passed, the Company had executed on January 31, 1951 a deed in favour of Bansidhar mortgaging its fixed assets for securing repayment of Rs. 1,25,000/-. After the decree of the Trial Court, the Company executed on January 21, 1954 a second deed also in favour of Bansidhar mortgaging the fixed assets for repayment of an additional sum of Rs. 2,00.000/-. The decree of the Subordinate Judge in the plaintiff s suit was confirmed on August 4, 1951 Against that decree the Company and Bansidhar preferred Second Appeal No. 1380 of 1954 to the High Court of Calcutta. Bansidhar also filed a suit in the High Court of Calcutta on its original side to enforce the two mortgages in his favour and obtained a preliminary mortgage decree in the suit on May 13, 1955. Another creditor of the Company applied for and obtained on August 22, 1955 an order directing that the Company be wound up