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1960 Supreme(Cal) 210

S.C.LAHIRI, R.S.BACHAWAT, P.N.MUKHERJEE
MINOR SMT. SHANTI DEVI – Appellant
Versus
KHANDUBALA DASI – Respondent


Advocates Appeared:
APURBADHAN MUKHERJI, ASOKE CHANDRA SEN, GOPAL CHANDRA NARAYAN CHOUDHURY, MANAN KUMAR GHOSH, Narottam Chatterjee, PRAMATHA NATH MITRA, RAMESWAR SAHA, SUSHIL KUMAR BANERJEE, TARAKNATH ROY

BACHAWAT, J.

( 1 ) ONE Bholanath Dutta and his wife, Chintamani Dassi, jointly executed a mortgage of the disputed plot of land, known as Nimasol Nishkar, as also of other plots of land in favour of one Chand Keyot. On the death of Chand Keyot, his three sons, Gangadhar, Jamuna and Padma instituted a suit against both Bholanath and Chintamani and obtained a final decree for sale of all the mortgaged properties. On July 19, 1933, the decree-holders put the final decree into execution and commenced Title Execution Case No. 1526 of 1933 against both Bholanath and Chintamani. The sale proclamation was issued on October 25, 1933 and published on November 13, 1933. Chintamani died on November 27, 1933. All the mortgaged properties were sold at the Court sale on December 22, 1933 and purchased by the three decree-holders. The sale was confirmed on May 1, 1937. Chintamani was the sole owner of the disputed plot of land. She left behind her three sons as heirs and legal representatives. In spite of her death, her representatives were not brought on the record of the execution case. The decree-holders did not apply under Section 50, C. P. C. , to execute the decree against her representativ

























































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