JUDGMENT

Akram, J. - In R.S. No. 404 of 1935 one Radha Gobinda Ghose, landlord, obtained a rent decree against the tenant Bon Behari Pramanik and two others. In execution of that decree he purchased the defaulting jote on 19-3-1987 and took delivery of possession of the same on 28-8-1937. The judgment-debtors thereafter, sometime in 1943, made an application u/s 37A, Bengal Agricultural Debtors Act, before the Chandaikona Debt Settlement Board for setting aside the sale and getting back possession of the property sold. The Debt Settlement Board, on 30-9-1943 made an award purporting to be under the said Section 37A of the Act, in favour of the applicants holding that the decree-holder had recovered more than what was due to him and that nothing further remained due from the applicant to the decree-holder. The applicants thereafter filed the award before the executing Court as required u/s 37A(8) of the Act and the Court then on 19-8-1944, passed an ex parte order directing delivery of possession to the applicants judgment-debtors.

2. Against that order the decree-holder appealed and the learned Judge in the Court below reversed the decision of the Court of first instance and dismisse