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1954 Supreme(Pat) 30

IMAM, S.K.DAS
Ramdhari Singh – Appellant
Versus
Saligram Singh – Respondent


Judgment

Das, J.

1. This is a miscellaneous second appeal by the judgment-debtors. The relevant facts he within a short compass.

The respondent-decree-holders obtained a decree for arrears of rent in 1941. This decree was put in execution and the holding of the judgment-debtors was sold and purchased by the decree-holders on 6-4-1943. The holding consisted of 17 kathas and 15 dhurs and was purchased for a consideration of Rs. 23-14-9, which was the decretal amount. On 29-8-1943, the respondent-decree-holders, it is stated, obtained delivery of possession.

On 9-10-1947, the judgment-debtors made an application for setting aside the sale on various grounds, one of which was that the decree was executed without jurisdiction. It was also alleged that all the processes in execution were fraudulently and deliberately suppressed and. property which was worth Rs. 2,000.00 was sold for a grossly inadequate price. The judgment-debtors alleged that they came to know of the sale on 10-9-1947, and they filed the application within one month of the date of knowledge.

2. The learned Munsif who dea.lt with the application in the first instance held that no notice under Sec.158B(2), Bihar Tenancy Ac
































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