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MUKERJI, GREAVES
Gobinda Chandra Pal – Appellant
Versus
Pulin Behari Bannerjee – Respondent
JUDGMENT
Mukerji, J. - This appeal arises out of a suit for sale based on a simple mortgage bond. The bond was executed by Defendants Nos. 1 to 6 or their predecessors in favour of the plaintiff's father on the 21st June 1885. It was an instalment mortgage bond by which the executants promised to pay 191 maps of paddy at the rate of 7 maps per annum from the years 1293 to 1316 B.S. and the balance of 5 maps in the year 1317 B.S. The bond stipulated that in default of the payment of any one instalment the mortgagee would be entitled forthwith to realize the whole of the paddy then remaining due with interest at a certain rate. Subsequent to the execution of this bond and on the 7th June 1901, the mortgagors executed another mortgage bond in respect of the same mortgaged properties in favour of the plaintiffs' mother the plaintiffs' mother instituted a suit on the basis of this latter bond, obtained a decree and in execution of the decree the mortgaged properties were put up to sale and purchased by the Defendant No. 7 the plaintiffs' case is that the instalments due for 1316 and 1317 were not paid and in the present suit the plaintiffs sought to enforce the mortgage by sale of the mo
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