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1953 Supreme(Cal) 159

Chakrabarti, LAHIRI
Prabirendra Mohan – Appellant
Versus
Berhampore Bank – Respondent


Advocates:
Jitendra Kumar Sen Gupta with Manindra Nath Ghose, for Appellants to the Supreme Court; Rajendra Bhusan Bakshi with Amarendra Narayan Bagchi, for Petitioner; Kumud Bandhu Bagchi, for Respondent No. 1 to the Supreme Court.

Judgement

CHAKRAVARTTI, C. J. :- These are three applications for leave to appeal to the Supreme Court from a common judgment and three decrees passed by this Court, affirming thereby a common judgment and three decrees passed by a learned Subordinate Judge in three suits brought for setting aside the sales of three patnis. The Courts have concurrently decreed the suits and defendant No. 2, the zamindar at whose instance the patni sales were held, wants our leave to appeal to the Supreme Court.

2. The plaintiffs in the suits were the holders of the patnis sold. It was not disputed that the arrears for which the patnis had been brought, to sale were in fact due, but the plaintiffs case was that the sales had been irregular in that requisite notices had not been properly exhibited at the zamindars kutchery and notices required to be served on the properties themselves had not been served at all. The defendants impleaded in the suits were the Berhampore Bank Limited which was defendant No. 1, the purchaser, and the zamindar, Maharaja Prodyot Kumar Tagore, the predecessor-in-interest of the petitioner. The common defence of the defendants was that the sales had been properly held, but th


















































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