DIVISION BENCH
Akram, C. J. and Amin Ahmed, J.
Sm. JOSHODA SUNDARI DEBI–Appellant
versus
SUMANTA CHANDRA KANGSHA BANIKYA and others– Respondents

A. F. A. D. No. 1729 of 1943, decided on 22nd June, 1949, against the order of Sub-Judge, Zillah Noakhali, dated 8th May, 1943.

(a) Transfer of Property Act (IV of 1882), Ss. 81 and 82 – No claim by way of contribution or marshalling against a mortgagee or an auction purchaser at mortgage – sale maintainable by purchaser at sale for a simple money decree.

Section 82 Transfer of Property Act (IV of 1882) applies to mortgagors inter se and gives one mortgagor a right to have the other’s property contribute to the discharge of the mortgage debt. This right cannot be availed of against the mortgagee or the auction purchaser at a mortgage sale, by a purchaser of mortgaged property at an auction sale held under a simple money decree.

A. I. R. 1931 Cal 251, 130 I. C. 889 rel. no.

Hemendra Kumar Das and Tapendra Kumar Pal; for Chandra Sekar Bhowmick, for Appellant.
Prafulla Chandra Nag and Jatendra Kumar Sen Gupta, for Respondents.