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TEUNON, SUHRAWARDY
Shahabaj Mandal – Appellant
Versus
Bhajahari Nath – Respondent
JUDGMENT
1. This Rule arises out of certain proceedings instituted under the provisions of Section 145, Criminal Procedure Code. These proceedings refer to a tank known as Mirsagar and to a dwelling house which, we are informed, is now more or less dilapidated. It appears that in execution of a decree obtained against the predecessor of the petitioners before us, who were the, first party to the proceedings u/s 145, these properties and other properties were sold, and were purchased by the members of the second party who are the opposite parties in this Rule. It has then been found by the Trial Magistrate that on the 17th November 1918 the auction-purchasers obtained possession of the tank through the Civil Court. That possession was taken in the lifetime of the judgment-debtor, who is said to have died some five days after the delivery of possession.
2. It has next been found that the auction-purchaser took possession of the residential house on the 16th May 1920. In the execution proceedings terminating in the delivery of possession of the house the petitioners Nos. 1 and 2, the son and widow of the original judgment-debtor, were impleaded as parties. The Section 145 proceedings we
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