JUDGMENT

1. This is a Rule obtained by the Petitioner upon the Opposite Party to show cause why the order of the First Court of the Subordinate Judge, Chittagong, dated the 17th day of January, 1941, dismissing the Petitioner's application under sec. 36 of the Bengal Money-Lenders Act, 1940, should not be set aside. The material facts are these: On 26th of August, 1927, the Petitioner mortgaged certain properties to Opposite Party No. 2 for a sum of Rs. 420 on interest at 15 per cent, per annum. On 24th April, 1932, the Opposite Party No. 2 assigned the said mortgage in favour of the Opposite Party No. 1. On 9th May, 1935, the Opposite Party No. 1 obtained a preliminary mortgage decree for sale in the First Court of the Subordinate Judge at Chittagong for Rs. 840 with interest at the rate of 6 per cent, from the date of the decree till realisation. On or after the 9th June, 1935, the preliminary mortgage decree was made final. On the 13th February, 1937, the Opposite Party No. 2 put the mortgaged property to sale and purchased the same for a sum of Rs. 700. On 27th October, 1937, he took delivery of possession of the mortgaged properties through Court. On 20th November, 1937, the Op