Kolkata Court July 1941 Judgments
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Rai Saheb Kumudnath Das, on Death His Legal Representatives, Provabati ...
Court: Kolkata
Decided on: Jul-03-1941
Reported in: AIR1942Cal145
B.K. Mukherjea, J.1. These four connected rules arise out of as many actions in ejectment commenced by the same plaintiffs against different defendants for recovery of possession of certain plots of land on the allegation that the defendants were trespassers. The Subordinate Judge who heard the suits did not pass any decree or final order in any one of them; but by his order dated 80th August 1940 he has stayed all these suits under the provisions of Section 3, Bengal Non-Agricultural Tenancy (Temporary Provisions) Act (9 of 1940). It is the propriety of this order for stay that has been challenged before us in these rules.2. To appreciate the points in controversy, it is necessary to set out the material facts briefly. The plaintiffs in all the suits who are the petitioners before us, are the patnidars of mahal lot Khupi appertaining to touzi No. 712/1 of the Bogra Collectorate, and they purchased the patni from Maharaj Bahadur Singh by a kobala dated 26th April 1928. There is a darpa...
Abdul Awal Hasan Ali Munshi Vs. Uday Chandra Das Ram Chandra Das and o ...
Court: Kolkata
Decided on: Jul-02-1941
Reported in: AIR1942Cal167
B.K. Mukherjea, J.1. This rule is directed against an order of the Subordinate Judge, Noakhali, made on 5th February 1940, allowing an application of opposite parties Nos. 1 to 3 for setting aside a patni sale under Section 14-A of the Patni Regulations. The patni admittedly belonged to one Kshetra Nath Majumdar, who died leaving behind him a childless widow named Sashimukhi. Sashimukhi held the patni in the limited interest of a Hindu widow, and in execution of a money decree obtained against her by certain persons, the tenure was sold and purchased by one Bagala Prasanna Das. From Bagala Prasanna Das, Mafizal Huq and others purported to derive their interest in the taluk, and in the last Cadastral Survey records the names of Mafizal Huq and his cosharers appeared as the holders of the patni. The patni was sold under Regulation 8 of 1819 at the instance of the zamindar on 16th May 1989, and the purchaser was Abul (sic) Awal who is the petitioner before us. On 12th June 1939, opposite ...
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