Judgement

Appeal from a decree of the High Court (Sept. 2, 1889), affirming a decree of the Subordinate Judge of zillah Rungpore. (Feb. 6, 1888).

The suit was brought by the executors of the will of Bhajirat Doss (the son and legal representative of Bhulam Dons, the mortgagee hereinafter mentioned), to set aside a sale of mouzah Khurd Muradpore for arrears of revenue under which the mouzah was purchased by the Appellant, who was the first Defendant to the suit, and to declare the mouzah liable to sale in satisfaction of the mortgage. Both Courts below held the sale to be invalid. The facts were not disputed, and are stated in the judgment of their Lordships. The questions raised were of law involving the construction and effect of certain sections of the Revenue Sale Act (XI of 1859).

The Plaintiffs contended that the Collector had no jurisdiction to make the sale. Their grounds were—(1.) that before and at the time of sale the mouzah was under attachment by the revenue authorities pursuant to the provisions of the Cess Act, 1880, Bengal Council, sect. 99, and that, therefore, under Act XI. of 1859, sect. 17, the Collector had no jurisdiction to sell it; (2.) that the mouzah had be