JUDGMENT

Anil Kshetarpal, J. - The defendants have filed the regular second appeal against the judgements passed by both the Courts below while decreeing the suit filed by the plaintiff declaring him to be the owner of the mortgaged suit property and hence, entitled to decree for possession thereof. It will be noted here that the plaintiff/respondent is a mortgagee, whereas the defendants/appellants are mortgagors. In other words, the mortgagee has been declared to be the owner of the mortgaged property and consequently, held entitled to possession thereof.

2. In the considered view of this Court, the following question of law arises for determination:

"Whether on expiry of period of one year from the date of service of notice of the application under Regulation 8 of the Bengal Land (Redemption and Foreclosure) Regulation, 1806 (hereinafter referred to as "the 1806 Regulation"), the mortgagor is left with no right, title or interest in the property mortgaged by conditional sale even if the Court, in subsequent proceedings, comes to a conclusion that the terms of the mortgage amounted to clog/impediment in the right to redeem the mortgaged property by the mortgagor?"

3. In a nutshell