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1941 Supreme(Cal) 90

EDGLEY, BISWAS
Hafiz Mohammad Fateh Nasib – Appellant
Versus
Sir Swarup Chand Hukum Chand, Firm – Respondent


JUDGMENT

Edgley, J. - This appeal is directed against the decision of Mr. Basanta Kumar Roy, Subordinate Judge, first Court, 24-Par-ganas, dated 3lst May 1934. The plaintiff firm, Swarup Chand Hukum Chand, had instituted a suit for the recovery of khas possession of the plaint land and for the recovery of mesne profits in respect thereof on the basis of their purchase of the suit land at a sale held at the instance of the Official Assignee on 22nd January 1931. The property in suit comprises premises Nos. 2, 2/1, 2/2 and 8 Rowland Road, Ballygunge, and this property had been mortgaged to the plaintiffs by Mahananda Nandy on 28th January 1927 as security for the sum of Rs. 1,30,000. Mahananda Nandy subsequently became insolvent and his property vested in the Official Assignee on 14th June 1928. The property in suit has a long and somewhat complicated history. Therefore, it is necessary for the purpose of this appeal to set forth the salient facts. Admittedly, the suit land originally belonged to a man named Juman Mistry. The relationship of the members of Juman Mistry's family to each other is shown in the following genealogical table:

                      ETBARI MALI, deceased      

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