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Ambler Vs. Sami Ahmed - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1910)ILR37Cal331
AppellantAmbler
RespondentSami Ahmed
Excerpt:
dispute concerning land - attachment of subject of dispute--order of settlement court in a proceeding between the same parties and relating to the attached lands--effect of such order--release of attachment by magistrate--criminal procedure code (act v of 1898), e. 146--bengal survey act (beng. act v of 1875), section 41. - .....obtained an order in his favour from the hands of the survey authorities under section 41 of the bengal survey act, 1875. he now applies to have the attachment released in his favour, and he is entitled to have it so released, because the order of the collector as to the land under the survey act is a determination by a competent court of the rights of the person entitled to possession thereof. it is also a determination of the rights of the parties to the original dispute, since the two parties in the original dispute were both before the survey court. an order has also been made under the bengal tenancy act, the effect of which we need not notice, as the order under the survey act has the force of an order of a civil court, the rule therefore is made absolute, the order in question.....
Judgment:

Stephen and Carnduff, JJ.

1. In this case the land was attached by the Magistrate under Section 146 of the Criminal Procedure Code. Subsequently the petitioner obtained an order in his favour from the hands of the Survey authorities under Section 41 of the Bengal Survey Act, 1875. He now applies to have the attachment released in his favour, and he is entitled to have it so released, because the order of the Collector as to the land under the Survey Act is a determination by a competent Court of the rights of the person entitled to possession thereof. It is also a determination of the rights of the parties to the original dispute, since the two parties in the original dispute were both before the Survey Court. An order has also been made under the Bengal Tenancy Act, the effect of which we need not notice, as the order under the Survey Act has the force of an order of a Civil Court, The rule therefore is made absolute, the order in question is set aside, and the attachment must be released in favour of the petitioner.


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