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Ardhendu Narayan Singha and ors. Vs. Narajakkha Mukherjee and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Reported inAIR1947Cal27
AppellantArdhendu Narayan Singha and ors.
RespondentNarajakkha Mukherjee and ors.
Excerpt:
- .....to the order of the learned munsif, dated 26th of february 1944, in which he refused to set aside the sale, which was held on the 17th of may 1943 by reason of the non-deposit of the arrears of rent due to the landlord under the provisions of section 168-a, bengal tenancy-act. the learned munsif pointed out that there is no express provision either in the civil procedure code or in the bengal tenancy act for setting aside a sale in such circumstances and the application was accordingly dismissed.2. in a similar case (civil revision case no. 2103 of 1944) decided on 11th december 1945, i hold that if a sale is not confirmed under section 168-a(3), bengal tenancy act it must follow automatically that the execution sale must be set aside.the rule is accordingly made absolute.
Judgment:
ORDER

Edgley, J.

1. This Rule is not opposed. The main grievance of the petitioners in this case is with reference to the order of the learned Munsif, dated 26th of February 1944, in which he refused to set aside the sale, which was held on the 17th of May 1943 by reason of the non-deposit of the arrears of rent due to the landlord under the provisions of Section 168-A, Bengal Tenancy-Act. The learned Munsif pointed out that there is no express provision either in the Civil Procedure Code or in the Bengal Tenancy Act for setting aside a sale in such circumstances and the application was accordingly dismissed.

2. In a similar case (Civil Revision Case No. 2103 of 1944) decided on 11th December 1945, I hold that if a sale is not confirmed under Section 168-A(3), Bengal Tenancy Act it must follow automatically that the execution sale must be set aside.

The Rule is accordingly made absolute.


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