JUDGMENT

B.K. Mukherjea, J. - The facts giving rise to this appeal may be shortly stated as follows. The appellant obtained a decree for rent against the respondents in respect of a darputni held by the latter under him in Bent Suit No. 5 of 1938 of the Court of the Subordinate Judge at Burdwan. The decree was put into execution in Rent Execution case no. 157 of 1940 of that Court and the entire tenure in arrears was put up to sale on 4th June 1941 and purchased by the decree holder himself for a sum which just covered the decretal dues and costs. The result was that the decree was satisfied in full by the sale of the darputni tenure. On 7th July 1941 which was the date fixed by the Court for confirmation of the sale, the purchaser presented an application to the Court stating that as he was himself the decree-holder, it was not necessary for him to deposit the arrears of rent a payable in respect of the tenure between the date of the institution of the suit and that of the confirmation of the sale as required by Sub-section (3) of Section 168A, Bengal Tenancy Act, and that the sale might be confirmed without any such deposit. It was stated in the said application that the decree-ho