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1958 Supreme(Cal) 5

RENUPADA MUKHERJEE, B.N.BANERJEE
HIRANMOYEE DASSI – Appellant
Versus
ON DEATH OF AMIYA PAL CHOUDHURY HIS LEGAL HEIRS - ANIL PAL CHOUDHURY – Respondent


Advocates Appeared:
BENOYENDRA DEB RAI MAHASAI, NAGENDRA MOHAN SHAH, RABINDRANATH BHATTACHARJEE

RENUPADA MUKHERJEE, J.

( 1 ) THE only question of law raised in this appeal is whether Section 168a of the Bengal Tenancy Act is a bar to the execution of the rent decree which the decree-holders respondents have obtained against the appellants and some other persons, by attachment and sale of the movable properties of the appellants and not of the defaulting tenure.

( 2 ) THE facts of the case are not disputed and they may be briefly stated thus. The respondents obtained a rent decree, on the 5th July, 1954 against the appellants and some other persons for a sum of Rs. 3,295-7-9 pies, inclusive of claim and costs. This decree was obtained on account of arrears of rent in respect of a tenure, which the appellants and their co-sharers held under the decree-holders respondents. The decree was put to execution on the 23rd August, 1954. Upon an application made by the judgment-debtors, on the 12th November, 1954, for stay of proceedings, the execution proceedings were stayed under the provisions of the West Bengal Estates Acquisition Act, 1953. This stay order was vacated on the 25th June, 1955. In the meantime the West Bengal Estates Acquisition Act of 1953 had come into full operat







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