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Swarnamoyi Debi Vs. Sheikh Adu - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in39Ind.Cas.119
AppellantSwarnamoyi Debi
RespondentSheikh Adu
Cases Referred and Ram Sundar Karmokar v. Lochan
Excerpt:
occupancy holding, sale of, in execution of money - decree, validity of--consent of tenant, absence of. - 1. we are of opinion that the court of appeal below is right in holding that the occupancy holding which is found to be non transferable by custom of usage, could not be sold in execution of a money-decree, as the tenants objected to the sale although the decree-holler obtained the consent of the landlord. the same view was taken from narayani v. nabin chandra ghowdhari 36 ind. cas. 803 ; 21 c.w.n. 400 ; 25 c.l.j. 351 and ram sundar karmokar v. lochan 38 ind. cas. 942. we are further of opinion that the judgment-debtor raised objections to the sale, and that the passage relied upon in the petition of objection cannot be construed to mean that he gave his consent. the appeal is accordingly dismissed with costs, one gold mohur.
Judgment:

1. We are of opinion that the Court of Appeal below is right in holding that the occupancy holding which is found to be non transferable by custom of usage, could not be sold in execution of a money-decree, as the tenants objected to the sale although the decree-holler obtained the consent of the landlord. The same view was taken from Narayani v. Nabin Chandra Ghowdhari 36 Ind. Cas. 803 ; 21 C.W.N. 400 ; 25 C.L.J. 351 and Ram Sundar Karmokar v. Lochan 38 Ind. Cas. 942. We are further of opinion that the judgment-debtor raised objections to the sale, and that the passage relied upon in the petition of objection cannot be construed to mean that he gave his consent. The appeal is accordingly dismissed with costs, one gold mohur.


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