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Baij Nath Goenka Vs. Mohant Sia Ram Das - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in18Ind.Cas.900
AppellantBaij Nath Goenka
RespondentMohant Sia Ram Das
Excerpt:
security bond - appellate court--bond given by judgment-debtor--final decree--execution--enforcement of bond by sale of property covered by same, in execution proceedings--whether separate suit necessary-transfer of property act (iv of 1882), sections 67 and 99--civil procedure code (act xiv of 1882), section 515(c). - 1. it is conceded and is obvious that the attachment was not by a mortgagee, that is to say, when the attachment was made there was no mortgagee in existence as such. that being so, section 99 of the transfer of property act has no application, and the sale can be carried out in execution proceedings consequent on that attachment. with these observations, the case is sent back to the division bench for disposal.2. the costs of this reference will be costs in the appeal; hearing fee, three gold mohurs.
Judgment:

1. It is conceded and is obvious that the attachment was not by a mortgagee, that is to say, when the attachment was made there was no mortgagee in existence as such. That being so, Section 99 of the Transfer of Property Act has no application, and the sale can be carried out in execution proceedings consequent on that attachment. With these observations, the case is sent back to the Division Bench for disposal.

2. The costs of this reference will be costs in the appeal; hearing fee, three gold mohurs.


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