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Kolkata Court May 1954 Judgments

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May 05 1954

Majibar Rahman Molla and ors. Vs. Rahu Bux Dhali and ors.

Court: Kolkata

Decided on: May-05-1954

Reported in: AIR1954Cal604

Sen, J.1. This revisional application is directed against an order of Sri M. L. Chakravarty, Additional District Judge, 24-Parganas, allowing an appeal from an order of the Munsif 2nd Court, Diamond Harbour who allowed an application for setting aside a sale, and directing that the application for setting aside the sale be dismissed. The sale in question was held in the course of a Rent Execution Case No. 1619 of 1947 on 7-4-1948 when the jots in arrears was sold for Rs. 199-1 anna. An application for setting aside the sale under Section 174(3), Bengal Tenancy Act, was filed by three of the judgment-debtors on 10-10-1950.The petitioners alleged that the decree had been obtained collusively by suppressing summons and that all the processes in the execution case had also been suppressed and that they had come to know of the sale from a neighbour Kayem Ali Molla on 4-10-1950 and had then obtained details of the sale from the landlord's sherista and filed application for setting aside the ...


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