Kolkata Court November 1875 Judgments

Matungee Churn Mitter Vs. Moorrary Mohun Ghose and ors.

Court: Kolkata

Reported in: (1876)ILR1Cal175

Jackson, J.1. In this case, the suit was brought for the purpose of setting aside the sale of 12-anna share of a putni tenure held by the defaulter. A great number of objections, some of a frivolous kind, and some of an unjustifiable kind, have been brought forward in appeal, but the only one which deserves notice or which was seriously pressed is that where it is contended that the notice in this case does not appear to have been published before the 15th Bysack, the sale having taken place on the 3rd Joisto following. Now, it is to be observed that the Legislature, in passing Regulation VIII of 1819, for just and equitable purposes, prescribed a variety of forms required to be gone through by zemindars, on applying for the sale of a putni tenure for arrears, accrued due thereon, some part of the procedure being carried out by officers of the Collector's establishment: and one of the matters prescribed by Section 8, Clause 2, is that the Collector should be satisfied of the service of...