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1930 Supreme(Cal) 371

MUKERJI, MITTER
Sreenath Chakravarti – Appellant
Versus
Priyanath Bandopadhya – Respondent


JUDGMENT

Mukerji, J. - The decree-holders obtained a decree for rent under the Ben-Ten. Act, from the 3rd Court of the Munsif at Bhanga on 6th July 1913. This Court was subsequently transferred to Gopalgunje and made the 2nd Court of the Munsif at that place. On 5th July 1925 the decree-holders applied for execution in the 2nd Court of the Munsif of Gopalgunje by attachment and sale of a piece of immovable property of the judgment-debtor which was situate within the local limits of the jurisdiction of the Alunsif, 1st Court, Bhanga, and had never been within the jurisdiction of the Munsif, 2nd Court, Bhangs There was also a prayer for execution by attachment and sale of the judgment-debtor's moveables. After certain proceedings wore taken it was found that the immovable property against which the decree-holders desired to proceed in execution lay outside the territorial limits of the Court in which the execution was going on, viz., the Gopalgunje Court and on that the Munsif of that Court on 18th February 1927 returned the execution application to the decree-holders for presentation to the proper Court. The decree-holders then refilled the execution application on 1st March 1927 in

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