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1938 Supreme(SC) 31

LORD WRIGHT, LORD ROMER, LORD PORTER, SIR SHADI LAL, SIR GEORGE RANKIN
KUMAR KAMALARANJAN ROY – Appellant
Versus
SECRETARY OF STATE – Respondent


Advocates:
Solicitors for appellant :W. W. Box & Co. Solicitor for respondent: Solicitor, India Office.

Judgement

Consolidated Appeals (No. 68 of 1937) from two decrees of the High Court (March 27, 1936) reversing two decrees of the District Judge of Murshidabad (July 17, 1933), which in turn had reversed two decrees of the Subordinate Judge of Murshidabad (February 28, 1933).

The main question in these consolidated appeals was whether the appellant, as purchaser of a zemindari estate sold under the provisions of the Bengal Land Revenue Sales Act, XI. of 1859, for the recovery of arrears of land revenue, and who upon his purchase had annulled the patnis of certain patnidars on the estate, was liable for portions of the expenses of certain settlement operations in connection with the preparation of the record of rights, carried out under Chapter X. of the Bengal Tenancy Act, VIII. of 1885, before the purchase, which portions the Local Government before the purchase had duly determined should be paid by such patnidars. The patnidars had in fact paid a part of the amounts apportioned on them, but some balances remained unpaid at the date of the sale, and the question was whether the appellant was liable to the Government for those sums.

Certificates under the Bengal Public Demands Recov






























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