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1921 Supreme(Cal) 108

N. R. CHATTERJEA, CUMING
Annada Mohan Roy Choudhury – Appellant
Versus
Nilpamaru Loan Office, Limited – Respondent


JUDGMENT

1. The lands in dispute in this case originally belonged to two ladies. They executed a kobala in favour of one Anandamoyee, the wife of one Krishna Nath Ghose, in January, 1898 Shortly after Krishna Nath died leaving Anandamoyee his widow and a daughter Rohini, who is no party to the suit.

2. The plaintiffs, who are the respondents before us, took a mortgage of the lands in dispute from Anandamoyee, the widow of Kristo Nath Ghose, and their daughter Rohini Dassi, on the 23rd June 1902, and at a sale held in execution of the decree obtained upon the mortgage purchased them on the 6th November 1913. In the meantime the lands were attached in execution of a money-decree at the instance of a creditor of Kristo Nath. Anandamoyee preferred, a claim on the ground that it was her stridhan property, which however, was disallowed. The lands were accordingly sold in execution of the money-decree and purchased by the defendant No. 1 on the 5th June 1905. He obtained possession of the lands and continued in possession. The plaintiffs having purchased the lands in execution of their mortgage decree, were resisted in taking possession by the defendant No. 1. This suit was accordingly brou

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