Mihirlal vs Panchkari Santra - 1949 Supreme(Cal) 526

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1949 Supreme(Cal) 526

G. N. DAS, DAS GUPTA
Mihirlal – Appellant
Versus
Panchkari Santra – Respondent

Advocates appeared:
Apurba Dhan Mukherji and Chandra Narayan Laik, for the Appellant;Heramba Chandra Guha, for the Respondent

JUDGMENT

Das Gupta, J. - The applicant before us purchased at auction an occupancy raiyati holding, in execution of a rent decree. The sale was held on 13th March 1946. On 25th April 1946, an application was filed by one Kachimannessa Bibi claiming to have purchased the interest of the judgment-debtors, for setting aside the sale under the provisions of Section 174 (3), Bengal Tenancy Act. This application was dismissed by the Court on 13th December 1947. On 5th January 1948, the auction-purchaser the petitioner before us filed an application for confirmation of the sale. The sale was ultimately confirmed on 27th March 1948. On 27th June 1948, an application was filed by two of the 17 judgment-debtors who are Panch Kari Santra and Satya Bala Dasi, opposite parties Nos. 1 and 2, u/s 174 (3) Bengal Tenancy Act, for setting aside the sale on the ground of fraud and irregularity in publishing and conducting the sale. The learned Munsif allowed the application and the learned District Judge has dismissed the appeal that was filed by the present petitioner against that decision. The learned District Judge has come to the conclusion that the decree-holder was guilty of fraud inasmuch as he