Bejoy Singh Dadhulia – Appellant
Versus
Ashutosh Gossami – Respondent
JUDGMENT
1. This is an appeal against an order of the Subordinate Judge of Hughly, third Court, granting an application by certain judgment-debtors to set aside a sale held in execution of a decree. This decree was obtained by Raja Bejoy Singh Dadhulia Bahadur, the appellant before us, in the Court of the Subordinate Judge of Faridpur, on the 5th April, 1918. The amount decreed was Rs. 20,774-10-9 for arrears of rant and the amount for which the property was attached with the addition of interest and execution costs was Rs. 24,018-1-3. After an order of a transfer, an application for execution was made in the Court of the Subordinate Judge of Hughly on the 21st September, 1919. On this application, the judgment-debtor's ancestral house in the town of Serampore was attached, sale proclamation issued on this 19th December, 1919, and in it the property was valued at Rs. 5,000 which was the decree-holder's valuation. The judgment-debtors objected that the real value of the property was one lakh. The Subordinate Judge on the authority of a decision in this Court Ram Kripal Singh v. Kedarnath Bose 20 C.W.N. 44 (notes) directed that the value stated by the decree-holder and also that state
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