Mumbai Court June 1906 Judgments

Maharaj Kumar Babu Ganeswar Vs. Mohunt Ganesh Das

Court: Mumbai

Reported in: (1906)8BOMLR719

Andrew Scoble, J.1. In this case, special leave to appeal was granted on the ground that substantial questions of law arose upon the decisions of the Courts in India, which had given concurrent judgments in favour of the original respondent, the plaintiff in the suit.2. The suit was brought by the plaintiff to set aside the sale of a village called Subhankarpore, stated to be worth a lakh of rupees, the property of the plaintiff, which had been put up to auction under the provisions of Bengal Act VII. of 1880-the Public Demands' Recovery Act-and purchased for Rs. 1,100 by Maharaj Ganeswar Singh, whose estate is represented by the present appellant. The sale was made in execution of a certificate granted by a Deputy Collector in respect of a fine imposed on the plaintiff for failure to comply with a notice issued under Section 16 of Bengal Act IX. of 1880-the Cess Act.3. The sale took place on the 19th September 1893, and the purchaser was put in possession of the village on the 5th Dec...