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BRODHURST, OLDFIELD, STRAIGHT, TYRRELL, W. COMER PETHERAM
Raghunath Prasad – Appellant
Versus
Jurawan Rai – Respondent
JUDGMENT
W. Comer Petheram, C.J. - I am of opinion, after reading the judgments of the two learned Judges of the Division Bench, and looking into the facts of the case, that on the part of one, at all events, of those learned Judges, there was some misapprehension as to the real facts, and that, had it not been for that misapprehension, no difference of opinion could have arisen. Under these circumstances, I am of opinion that the proper mode of dealing with the matter is to alter the Munsif s order by inserting the words "in that property the interest of the plaintiff as second mortgagee only to be sold" after the words "land No. 111 be exempted from the hypothecation lien." The order as amended will be returned to the first Court for execution. As regards costs, the Munsif's order will stand, but in reference to the proceedings subsequent to that order, there will be no order as to costs.
Oldfield, J.
2. I desire only to add that the suit was brought by the respondent against the first mortgagee of three bighas of land and in possession thereof, that mortgage being usufructuary; and I understood, and still understand, that the object of the suit, which was brought by a second mortga
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