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1. In this appeal the appellant Harendra Lal Roy Chowdhuri is the plaintiff in the action which was commenced by a plaint filed on the 16th September 1905. The claim of the plaintiff was based on a mortgage decree dated 28th July 1905, granted in a civil suit in the High Court of Judicature at Fort William in Bengal, acting under its ordinary original civil jurisdiction. That mortgage decree purported to enforce an English mortgage of the 23rd September 1895 executed by the pro forma defendant Mani Mohan Roy in favour of the plaintiff of certain properties, among which was an eight anna share of lands known as Mahal Gumokpota. The object of the present suit is to obtain a declaration that the female defendant. Hari Dasi Debi acquired no right of ownership or possession in that property by virtue of an auction purchase made by her on the 23rd of November 1904. It is therefore brought to establish the title of the plaintiff to those lands as being lands charged under his mortgage and subject to the decree free from any prior right of the female defendant.