Thereafter, Rabindra Nath Bose filed Title Suit No.
A sale certificate in that behalf was given on February 22, 1928.
Both the trial Court and the High Court rejected the relief.
This appeal by special leave arises from the judgment of the Division Bench of the Calcutta High Court, made on April 29, 1988 in Original Decree No.
461/1927 for foreclosure of mortgage and a preliminary decree therein was granted on April 7, 1927.
A preliminary decree in that behalf was passed on December 17, 1931 and a final decree was also passed on July 18, 1934 in which Plot No.
A decree for a sum of Rs.
69/1928, which was renumbered as 128/1929, for partition and separate possession of his half share purchased by him towards the share of Haridas.
It would appear that Gunendra a minor represented by his mother Sailabala, filed Title Suit No.13 of 1929 which was ultimately companypromised by Sailabala and Rabindra Nath Bose by Compromise decree dated July 17, 1929 in which she received certain amount, the details of which are number material.
Haridas hypothecated his half share to Rabindra Nath Bose, who had filed Title Suit No.
9,222/ was passed.
This case has a chequered history.
Initially, the property was shared by two brothers Haridas and Gunendra in equal shares.
Since the amount was number paid the property was brought to sale and a final decree was passed on August 16, 1927 in which Rabindra Nath Bose had purchased the half share of Haridas.
The property bearing No.10 D, Puddapukur Road, P.S. Bhowanipur, Calcutta 20 is the subject matter of an endless litigation at four stages.
52/78.
