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Auhindro Bhoosun Chatterjee Vs. Chunnoololl Johurry and anr. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKolkata
Decided On
Judge
Reported in(1880)ILR5Cal101
AppellantAuhindro Bhoosun Chatterjee
RespondentChunnoololl Johurry and anr.
Excerpt:
mortgage - suit by second mortgagee against mortgagor and third mortgagee--account. - pontifex, j.1. decree for an account of principal and interest due on the mortgage to the plaintiff, in default of payment the property to be sold and plaintiff to be paid first, after satisfaction of the decree of bolai doss mullick if there is then a surplus account to be taken of what is due to protab chund mullick, and surplus to be applied for payment of his claim. if property has been sold under previous decree, claims to be satisfied out of surplus.
Judgment:

Pontifex, J.

1. Decree for an account of principal and interest due on the mortgage to the plaintiff, in default of payment the property to be sold and plaintiff to be paid first, after satisfaction of the decree of Bolai Doss Mullick if there is then a surplus account to be taken of what is due to Protab Chund Mullick, and surplus to be applied for payment of his claim. If property has been sold under previous decree, claims to be satisfied out of surplus.


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