Judgement

Appeal (No. 85 of 1930) from a decree of the High Court (March 27, 1929) modifying a decree of the Subordinate Judge of Burdwan (July 24, 1926).

The suit was instituted by the appellant against the respondent and other defendants (who were pro forma respondents) claiming a declaration that under a mortgage decree which he had obtained he was entitled to a further charge in respect of arrears of revenue which accrued after the date of the decree and before the sale thereunder. Defendants Nos. 1 to 6 represented the mortgagors. The respondent (defendant No. 7) held mortgages subsequent to the appellants and had obtained decrees thereunder.

The facts appear more fully from the judgment of the Judicial Committee.

The trial judge made a decree for payment of the sums in question with interest to the institution of the suit, and that in default of payment the amount, with further interest accrued, should be realized by sale of the mortgaged property or a part thereof.

An appeal to the High Court was allowed by a judgment delivered by B. B. Ghose J. and concurred in by Panton J. A decree was made directing that the plaintiff should have a money decree against defendants Nos. 1 t