the judgment of the companyrt was delivered by ramaswami.
since the mortgagor did number pay a final decree was passed on december 4 1952 in the suit.
41172/6/ to rs.
the decree directed that the mortgaged property should be sold.
on august 5 1955 the respondent filed the suit out of which this appeal arises being suit number 2218 of 1955 jointly against the appellant and his mother mrs.
on may 6 1947 he executed the third deed of mortgage in respect of his one third share of the premises in favour of the respondent gangadhar khemka for rs.
it companytained a further direction for the disbursement of the sale proceeds and it was stated that if any balance was left after payment of the amounts due to pandey and mitter that shall be applied in payment of the amount payable to the defendant ganga dhar khen a under the aforesaid preli minary decree and in payment of any amount which may be adjudged due to the said defendant ganga dhar khemka for such companyts of the suit.
12000 carrying interest at the rate of 12 per cent per annum with monthly rests.
on december 12 1949 a preliminary mortgage decree in form 9 of appendix d in the first schedule to the companye of civil procedure was passed in the said suit.
appeal by special leave from the judgment and decree dated january 17 1962 of the calcutta high companyrt in appeal number 82 of 1959.
on january 11 1948 shew balak pandey filed a suit on his mortgage being suit number 135 of 1948 impleading the puisne mortgagees as parties to the suit.
majoo filed a joint written statement.
41172/6/ was due to the respondent on june 2 1958.
this appeal is brought by special leave from the judgment of the division bench of the calcutta high companyrt dated january 17 1962.
majoo for a mortgage decree in form 5 a. the appellant and mrs.
on december 3 1945 he executed anumberher deed of mortgage in respect of his one third share in favour of one sudhinder nath mitter for rs.
civil appellate jurisdiction civil appeal number24 of 1966.
j. the appellant is the executor of the estate of pestonji sorabji majoo deceased hereinafter referred to as the mortgagor.
rameshwar nath and mahinder narain for the appellant.
the appellant and mrs.
the suit ultimately came for hearing before law j. on june 2 1958.
on numberember 21 1938 the mortgagor executed a deed of mortgage in respect of his one third share in favour of shew balak pandey for rs.
on july 4 1954 the mortgagor without having the property put to sale paid off the decretal dues of pandey.
p. mitter sardar bahadur vishnu bahadur and yougindra khushalani for the respondent.
majoo took the matter in appeal before the division bench consisting of bachawat and das gupta jj.
who partially allowed the appeal and varied the decree by reducing the amount declared due in the decree dated july 10 1958 from rs.
several issues were raised in the suit and law j. decreed the suit and passed a preliminary decree in form 5 a of appendix d in the first schedule to the companye of civil procedure and declared that a sum of rs.
during his lifetime the mortgagor was the owner of one third share in premises number 50 chittaranjan avenue calcutta.
