JUDGMENT

Ghose and Gordon, JJ. - The facts of this case are shortly these:

The plaintiffs, Aghore Nath Chuckerbutty and Trailakhya Nath Chuckerbutty, were judgment-debtors in a certain decree for rent obtained by the Administrator-General of Bengal. In due course, the decree-holder applied for the execution of his decree, and the property which forms the subject-matter of this suit was advertised for sale. The judgment-debtors, the plaintiffs, appointed the defendant No. 1, Ram Churn Chuckerbutty, as their pleader to look after the execution case on their behalf. On the 21st August 1893, the property in question was put up for sale. Certain bids were then offered on behalf of the decree-holder's pleader. The sale, however, was not concluded on that day. It was resumed on the next day, namely, the 22nd August; and on that day, it would appear upon the bid papers, that the bids were confined to two individuals, the decree-holder's pleader's clerk and the clerk of Earn Churn Chuckerbutty, the defendant No. 1. The decree-holder's clerk's bid went up to Rs. 800 only- an amount just sufficient to cover the amount due to the decree-holders; and the property was knocked down to Ram Churn's c