Sita Nath Pati vs Sarada Prasanna Das

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1937 Supreme(Cal) 91

JACK
Sita Nath Pati – Appellant
Versus
Sarada Prasanna Das – Respondent

JUDGMENT

Jack, J. - This appeal arises out of a suit for declaration of the plaintiff's title by auction-purchase to the lands described in the plaint consisting of a tank and a bamboo garden and for recovery of khas possession thereof and for mesne profits from the defendants. The plaintiff brought a suit in 1929 upon a hand-note against one Khirode Nath Kuila and caused the lands in suit to be attached before judgment in the suit. The suit was decreed on compromise, but as the decretal amount was not paid the decree was executed and the lands were put up to sale and purchased by the plaintiff on 30th April 1932. Delivery of possession was taken on 28th November 1932. The plaintiff alleges that the defendants dispossessed him on 13th February 1933. The defendants' case is that one Ram Krishna Samanta got a decree on a hand-note against Kshirode Nath Kuila and purchased the lands having attached the same before judgment on 5th November 1927. The decree was passed in his favour on 30th November 1927 and in order to pay off the decretal amount the judgment-debtor Kshirode sold the lands on 16th March 1930 to the defendants and paid off the decretal amount in that suit. The decree obta

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