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1952 Supreme(Gau) 2

RAM LABHAYA
Nripendra Kumar – Appellant
Versus
Naumoni Das – Respondent


Advocates Appeared:
S.M.Lahiri, S.Chaudhuri , S.C.Das, M.C.Pathak, D.N.Medhi

This petition of revision is directed against the order dated 31-7-1951 by which the Subordinate Judge, L. A. D., directed the Munsiff of Barpeta to hold a sale in execution. The peti­tion is by one of the three judgment-debtors. The facts leading to the petition are as follows :

Some 8 lessas of land belonging to the petitioner and his co-judgment-debtors (opposite parties 3 and 4) were mortgaged to one Surendra Narayan Burabhakat. The mortgagee obtained a decree for sale on the basis of his mortgage. After this decree, opposite parties 3 and 4 (co-judgment-debtors) sold their 2/3rd share of the land in dis­pute to Opposite Party 2. In the course of the execution proceeding, he put in a claim by which ,he prayed for the release of the 2/3rd share of the mortgaged property sold to him by two out of the three judgment-debtors. The petitioner states that he did not receive any notice of this claim petition. On 24-6-1950, the 2/3rd share, sold to Opposite Party 2, was released. The decree-holder agreed to proceed against the l/3rd share belonging to the petitioner. On 27-2-1951, the petitioner-judgment-debtor put in a petition of objection urging that the decree-holder is not entitled

















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