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Mewar Jugjeet Singh and anr. Vs. Rameswar Nath Singh - Court Judgment

LegalCrystal Citation
SubjectCivil;Property
CourtKolkata
Decided On
Judge
Reported in(1885)ILR11Cal341
AppellantMewar Jugjeet Singh and anr.
RespondentRameswar Nath Singh
Cases ReferredCourt of Bhyrub Chunder Bundopadhya v. Soudamini Dabee I.L.R.
Excerpt:
mortgagor and mortgagee - execution of decree--sale in execution--foreclosure proceedings--purchaser--notice. - .....of the institution of the foreclosure proceedings to due notice. no such notice having been given, no right to bring this suit against the defendant has accrued to the plaintiff under the foreclosure proceedings.2. the appeal must, therefore, be allowed, and the suit dismissed with.....
Judgment:

Pigot, J.

1. The foreclosure proceedings in this case were instituted on the 2nd November 1878. The sale took place on the 16th September 1878. The sale was not confirmed until January 1879, nor was the sale certificate issued until the 3rd October following. But on the authority of the Full Bench decision of this Court of Bhyrub Chunder Bundopadhya v. Soudamini Dabee I.L.R. 2 Cal. 141 it must be taken that the decree-holder became purchaser at the time of the sale, and not at the time of its confirmation or on issue of the certificate. Under these circumstances, he was entitled at the time of the institution of the foreclosure proceedings to due notice. No such notice having been given, no right to bring this suit against the defendant has accrued to the plaintiff under the foreclosure proceedings.

2. The appeal must, therefore, be allowed, and the suit dismissed with costs.


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