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1964 Supreme(Cal) 274

P.B.MUKHARJI
ABDUL KHALEQUE – Appellant
Versus
MEDASWAR HOSSAIN – Respondent


Advocates Appeared:
Apurba Krishna Das, C.F.Ali, JAMINI KUMAR BANERJEE, KAZI MOHAMMAD ALI, MANINDRA NATH GHOSH

P. B. MUKHARJI, J.

( 1 ) THE main and significant question of law raised by this second appeal is whether the intermediary's right to compensation under the West Bengal Instates Acquisition Act can be sold under a Mortgage decree at the instance of the mortgagee with whom the intermediary mortgaged the three items of properties in suit. The sale proclamation in this case under the mortgage decree relates to three items--Hems Nos. 1. 2 and 3 valued respectively at Rs. 450. Rs. 325 and Rs. 225 amounting altogether to a sum of Rs 1000.

( 2 ) THE facts giving rise to this question of law may be briefly stated al the outset. The mortgage in this case is dated 17th August 1934. The mortgagor failed to pay the debt and a suit was brought by the mortgagee upon that mortgage. A preliminary mortgage decree was passed on the 20th March 1950. It was followed by the final decree for sale on the 13th March 1952. The execution of the mortgage decree started on the 31st July, 1953, and the dues to the morgagee-decree-holder were calculated to be Ks. 91t-5-3p. Thereafter, the significant event that took place was the nationllsation of lands. On the 15th April, 1955 the estates vested in the State




















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