Kolkata Court March 1933 Judgments
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Kshetra Mohan Ghose and anr. Vs. Gour Mohan Kapali
Court: Kolkata
Decided on: Mar-01-1933
Reported in: AIR1934Cal21,147Ind.Cas.1025
Mitter, J.1. This appeal is directed against three orders of the learned Subordinate Judge of Jessore, the last of which is dated 15th June 1932. It appears that the present appellants applied to execute a solenama decree by which it was agreed that the appellant would be entitled to recover khas possession of the land in dispute in the suit in case the petitioner, the judgment-debtor, admitted that he could not pay in time and hence the Munsif who dealt with matter in the first instance disallowed the objection of the judgment-debtors. Against that order an appeal was taken to the Court of the Subordinate Judge of Jessore who made an order the material portion of which is as follows:If the payment of Rs. 30 be not made according to the above direction the appeal shall stand dismissed with costs.2. The direction was that it was to be paid within seven days from the date of the order. The direction given is substantially as follows:So apart from the question of legality of the terms inc...
Midnapur Zamindari Co., Ltd. Vs. Priyabala Dasee
Court: Kolkata
Decided on: Mar-01-1933
Reported in: AIR1933Cal782
Mitter, J.1. This is an appeal by the Midnapur Zamindari Co., Ltd., who are the decree-holders is a certain suit for rent. The appeal arises out of proceedings taken under Section 174, Ben. Ten. Act, to sat aside the sale held in execution of a rent decree obtained by the Midnapur Zamindari Co., Ltd. The respondents, who are judgment-debtors 1 to 3, challenged the sale on three grounds: (1) that there was no service of sale proclamation or any process in the execution case, (2) that the judgment-debtors 2 and 3 were not properly represented in the execution case and (3) that there ware great irregularities in the publication and conduct of the sale.2. The case of the judgment-debtors was that the processes in execution were fraudulently suppressed by the officers of the decree-holders, and that they came to know of the sale some time in Bhadra or Ashwin, which would correspond to September, and the application to set aside the sale-was made on 12th November. The decree-holders conteste...
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