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1949 Supreme(Cal) 4

G.N.DAS
Kunja Behari Barman – Appellant
Versus
Mritunjoy Prosad Roy Choudhury – Respondent


Advocates:
S.K. Das and Binode Behari Haldar - for Petitioners.Chandra Sekhar Sen and Jajneswar Mozumdar - for Opposite Party.

ORDER :- These two Rules are at the instance of the applicants under S. 37A, Bengal Agricultural Debtors Act. The facts are shortly these : The petitioners are agricultural tenants under the Bhowanipur Wards Estate the proprietors whereof are opposite parties Nos. 1 to 8 represented by the Manager, Court of Wards. The petitioners held two tenancies and rents having fallen into arrears at the instance of the Bhowainpur Wards Estate two certificates for rent were issued and in execution of these certificates the two tenancies were brought to sale on 24th January 1938. Possession through Court was taken on 17th June 1939. Section 37A, Bengal Agricultural Debtors Act was inserted by Bengal Act, II [2] of 1942, and came into force by a Notification on 18th June 1942. On 4th June 1943 two applications which have given rise to the present revision cases were filed by the debtors under S. 37A of the Act, These two applications were registered as cases Nos. 625(8) of 1943 and 626(8) of 1943 of the Special Debt Settlement Board of Dismond Harbour. The parties impleaded in these applications were the disqualified proprietors, namely opposite parties Nos. 1 to 8, represented by the Manager, Co













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