JUDGMENT

Narsingha Rau, J. - Appeal No. 91 of 1939 (F.M.A.) - This is an appeal from an order passed on 31st January 1939 by the Second Subordinate Judge, Sylhet. The appellant is the Collector and Deputy Commissioner of Sylhet in his capacity as manager of the estate of Kumar Gopika Raman Roy, a ward of Court under the Court of Wards, Assam. The respondent is Brojendra Kishore Roy Chaudhury of Gouripore in the District of Mymensingh in Bengal. The facts, so far as they are necessary for the purposes of this appeal, can be briefly stated: The respondent lent to the aforesaid Kumar various sums of money aggregating to Rupees seven lacs on five simple mortgage bonds and obtained a decree thereon for the sale of the mortgaged properties. On 16-11-1938 the learned Subordinate Judge, on an application by the Deputy Commissioner, Sylhet, stayed execution on the ground that the Court of "Wards in Assam had taken possession of the property of the mortgagor and that in consequence, Section 10-C inserted by the Assam Court of Wards Amendment Act, 1937 (which was passed by the Assam Legislature after 1st April 1937) operated as a bar to execution. Subsequently,' there was an application on beh