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1928 Supreme(Cal) 236

BOSE, B. B. GHOSE
Hafez Uzir Ali – Appellant
Versus
Nasimannessa Bibi – Respondent


JUDGMENT

B.B. Ghose, J. - This is an appeal by the decree-holder against the order of the Additional District Judge of 24 parganas, affirming an order by the Munsif refusing the application of the decree-holder for setting aside a sale. The short history of the case is that the decree-holder brought a suit against the judgment-debtors in order to establish his niskar right to 7 1/2 bighas of land in which the judgment-debtors were alleged to have a tenancy right. That suit declaring the lakheraj right of the decree-holder was decreed as against the judgment-debtor. A certain sum of money was allowed to the decree-holder for costs. In execution of the decree for costs the decree-holder purported to sell the interest of the judgment-debtors in the property in question, that is to say the tenancy under the decree-holder's lakheraj interest. In the schedule annexed to the execution petition the property was described as the darbust hakuk of the judgment-debtors under the petty niskar No. 488. The learned Munsif found that it was obvious that the words "tenancy right of the judgment-debtors in petty niskar 488" were omitted and there was no doubt that the omission was accidental. The lea

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