Judgement

Two consolidated appeals (No. 14 of 1922) from a judgment and two decrees (May 25, 1920) of the High Court reversing decrees of the Subordinate Judge (Second Court) of 24 Pargannas.

The appellant; who was the purchaser of holdings at an auction sale for arrears of revenue under Act

Law Rep. 50 Ind. App. 247 ( 1922- 1923) Mahomed Solaiman V. Birendra C handra Singh

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XI. of 1859 sued to annul the defendants under-tenures and to eject them. The defence was that there was no arrear of revenue, and that in any case the under-tenures were protected by s. 12 of Bengal Act. VII. of 1868.

The Subordinate Judge decided all issues in favour of the plaintiff-appellant. Upon appeal the High Court reversed his decision, holding that there was no arrear at the date of the sale; the learned judges pronounced no opinion upon the question whether the under-tenures were protected by the section above mentioned.

The facts appear from the judgment of the Judicial Committee.

1922. Nov. 9. Sir George Lowndes K.C, and Dube for the appellant.

De Gruyther K.C. and Kenworthy Brawn for the representatives of the first respondent to the first appeal.

Wallach for the first respondent to the second