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Abdul Huq Mozoomdar and anr. Vs. Mohini Mohun Shaha and anr. Minors, by their Mother and Guardian Surbojoya and anr. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKolkata
Decided On
Judge
Reported in(1887)ILR14Cal240
AppellantAbdul Huq Mozoomdar and anr.
RespondentMohini Mohun Shaha and anr. Minors, by their Mother and Guardian Surbojoya and anr.
Excerpt:
civil procedure code, section 311 - 'any person whose immoveable property has been sold,' interpretation of. - .....raised in this appeal is whether the appellants, who claim to hold the property which has been sold in execution of a decree against a third party, are entitled to object to the sale in execution of that decree under section 311 of the code. section 311 allows the decree-holder, 'or any person whose immoveable property has been sold,' in execution of decree, to make such an objection. the appellants allege that their immoveable property, held under a title created by a tumliknama, has been sold. the subordinate judge has refused the application, stating that the applicants can object under section 335 of the code when the auction-purchaser attempts to take possession. they may have this remedy, but the question is whether they cannot also object within the terms of section 311. we.....
Judgment:

Prinsep and Agnew, JJ.

1. The question raised in this appeal is whether the appellants, who claim to hold the property which has been sold in execution of a decree against a third party, are entitled to object to the sale in execution of that decree under Section 311 of the Code. Section 311 allows the decree-holder, 'or any person whose immoveable property has been sold,' in execution of decree, to make such an objection. The appellants allege that their immoveable property, held under a title created by a tumliknama, has been sold. The Subordinate Judge has refused the application, stating that the applicants can object under Section 335 of the Code when the auction-purchaser attempts to take possession. They may have this remedy, but the question is whether they cannot also object within the terms of Section 311. We are of opinion that the words, 'any person whose immoveable property has been sold,' are sufficiently wide to include a person in the position of the appellants. We accordingly direct that the Subordinate Judge do proceed to hear the objections raised as provided by Section 311.

2. The costs will abide the result.


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