The Calcutta Law Journal. December 16 1918

referred the case to a Full Bench for the decision of the following question : Where a mortgagee has in contravention of section 99 of the Transfer of Property Act attached the mortgaged property and brought it to sale and purchaed it himself can the mortgagor or his transferee without first getting the sale set aside successfully maintain a suit for redemption of the property The order of Ref [...] With regard to the second question as to the rate of interest to be allowed to the appellant it is obvious that if the question prpounded for the decision of the Full Bench be answered in the negative this question will not arise. [...] The case came up before the Full Bench consisting of Sanderson C. J. Woodroffe J Chitty J. Fletcher J. and N. Chatterjea J. The Court was of opirion that for the decision of this appeal it might be necessary to determine a question of fact and a‘cordingly directed the Lower Appellate Court to send the records of the Execution ease with a finding as to whether the sale was made with leave of th [...] referred the cage to a Full Bench for the decision of the following question : Whethtt the assignee of a tent decree without assignment of the landlord's Gopal Chandra Kundu Drastulta Sheikh. [...] There are however cases which take a different view and therefore the question which we refer to the Full Bench with this appeal is whether the assignee of a rendecree without assignment of the landlord's interest can execute the decree as a money-decree by attachment of moveable property under the provisions of the Civil Procedure Code.