Sita Nath Mondal – Appellant
Versus
Soleman Molla – Respondent
JUDGMENT
Biswas, J. - This is a Rule obtained by one out of three judgment-debtors against whom Opposite Party No. 1 obtained a rent decree, and is directed against an appellate order by which the Petitioner's application for setting aside the sale held in execution of the decree was rejected. The Court of first instance had allowed the application, but that order was reversed on appeal. The application was made on the usual grounds of suppression of sale processes. The decree under execution being a rent decree, the proceedings were governed by the provisions of the Bengal Tenancy Act. Sec. 163, sub-sec. (1) of this Act requires that where the Court admits the application for execution, it shall issue a combined order of attachment and proclamation in the prescribed form. Sub-sec. (2) of that section sets out the particulars which must be specified in the sale proclamation. Sub-sec. (3) then lays down certain specific nodes of publication of the sale proclamation. It may be pointed out that sub-sec. (3) was introduced for the first time by the bengal Tenancy Amendment Act of 1928, By that amending Act the use of a single form for the order of attachment and the proclamation of sale
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