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1955 Supreme(Cal) 11

K.C.DAS GUPTA, GUHA RAY
R. E. RAMSAY – Appellant
Versus
PASUPATINATH MALIA – Respondent


Advocates Appeared:
AJAY K.BASU, JAGADISH CH.GHOSE, PURUSHOTHAM CHATTERJI, Satya Priya Ghosh

K. C. DAS GUPTA J.

( 1 ) THE respondents obtained a consent decree-against the appellant in the following terms:"it is ordered and decreed that the suit is finally decreed on admission. Let there be a decree for Rs. 1,45,722-1-9 pies. Plaintiffs do further get a decree for khas possession of the property in suit as prayed for with costs. Subsequent interest do run on the decretal dues at 6 per cent, per annum. Schedule 'b' property do remain in charge for Rs. 1,45,722-1-9 pies and that the sura of Rs. 3630-15-9 pies be paid by the defendant to the plaintiffs on account of costs of this suit with interest at six per cent, per annum from this date upto date of realisation. "

( 2 ) IN execution of the decree the respondents realised Rs. 25,000/- by sale of the Schedule B property. Thereafter, the present execution case was started by them for recovery of the balance of Rs. 1,39,028-11-6 pies and their prayer is for realisation of the amount by sale after notice to the judgment-debtor and other partners of all the interest and share of the judgment-debtor in the partnership known as and carried on under the name and style of Searsole Goal and Industries Company as per and under the re











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