Sobha Ram vs Ram Prasad - 1924 Supreme(All) 452

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1924 Supreme(All) 452

MUKERJI
Sobha Ram – Appellant
Versus
Ram Prasad – Respondent

JUDGMENT

Mukerji, J. - This is a simple matter. But it clearly appears that the lower Court has gone astray. Certain tenants borrowed money from the Government as takavi. This was sought to be realised by attachment of the rent said to have been payable to the borrowers by their sub-tenants, the present appeallants. The appellants protested that they had paid up nothing was due by them. Their application containing this protest was dismissed for default. Then the debt, namely, the rent suposed to be payable, was put to auction-sale and was purchased by the respondednt Ram Prasad. Ram Prasad then brought this suit, out of which this appeal has arisen, in the Revenue Court for recovery of a sum of a Rs. 200, rent and interest. The appellants who are the principal defendants in the case (the sub-tenants) contended inter alia that they had really paid up and the auction-purchaser purchashed nothing.

2. The Court of first instance disbeliveved this story and decreed the suit. There was an appeal lodged before the learned District Judge. He sustained the plea of payment; but he thought, it is difficult to see really what he thought, the judgment is entirely unintelligible. I called upon th

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