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1952 Supreme(Cal) 18

G.N.DAS, K.C.DAS GUPTA
MAKHANLAL ROY PRAMANICK – Appellant
Versus
PRAMATHANATH BASU – Respondent


Advocates Appeared:
AKSHAY CHARAN PRAMANIK, GOURI MITRA, HIRALAL CHAKRAVARTY, MANINDRA KRISHNA GHOSH, SARAT CHANDRA JAIN

G. N. DAS, J.

( 1 ) THIS rule which was obtained by the judgment-debtors arises out of proceedings-under e. 37a, Bengal Agricultural Debtors Act, 1935, hereinafter called the Act,

( 2 ) IN execution of a decree for arrears of rent obtained by opposite party No. 1, the latter auction-purchased the disputed property on 16-5-1939.

( 3 ) AFTER the enactment of Act II B. C. of 1942' which added Section 37a to the Act, the petitioners initiated proceedings under the section before the Debt Settlement Board, Tamluk.

( 4 ) ON 28-10-1945, the Board made an award under Section 37a (5) of the Act. The award recites that as the applicants, the decree-holders, the landlords and the mortgagees have failed to come to an amicable settlement, the Board has determined the debt under Section 37a (5 ). The award was drawn up in Form No. 19 (B), Schedule (ka) of the award gave a description of the debtors, Schedule (kha) (1) that of the decree-holders, Schedule (kha) (2) that of the mortgagees which was blank in the present case, Schedule (ca) gave particulars of the decree, Schedule (Gha) particulars of that debts of the debtors, Schedule (una) a description of the properties to be restored to the



















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