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Kristo Kamini Dasi Vs. the Maharajah of Burdwan and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKolkata
Decided On
Judge
Reported in(1883)ILR9Cal931
AppellantKristo Kamini Dasi
RespondentThe Maharajah of Burdwan and ors.
Cases ReferredMaharajah of Burdwan v. Tara Soondery Debia L.R.
Excerpt:
sale for arrears of rent - reg. viii of 1819, section 8--due publication of notice of sale. - 1. we are of opinion that in this case the notice was insufficient.2. if there is a cutcheri upon the land of the defaulting patnidar, (by which expression we mean the land of the taluk in question), we think that the notice must be published at that cutcheri.3. if there is no such cutcheri, the notice must be published at the principal town or village within the taluk.4. we think also that the mere delivery of the notice to the patnidar, or one of his amlas, is not sufficient; but that it must be published in the manner required by the section. the necessity for accurately conforming to both provisions of the regulation is laid down authoritatively by the judicial committee in the case of the maharajah of burdwan v. tara soondery debia l.r. 10 i.a. 19: s.c. ante p. 619.
Judgment:

1. We are of opinion that in this case the notice was insufficient.

2. If there is a cutcheri upon the land of the defaulting patnidar, (by which expression we mean the land of the taluk in question), we think that the notice must be published at that cutcheri.

3. If there is no such cutcheri, the notice must be published at the principal town or village within the taluk.

4. We think also that the mere delivery of the notice to the patnidar, or one of his amlas, is not sufficient; but that it must be published in the manner required by the section. The necessity for accurately conforming to both provisions of the Regulation is laid down authoritatively by the Judicial Committee in the case of the Maharajah of Burdwan v. Tara Soondery Debia L.R. 10 I.A. 19: s.c. ante p. 619.


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