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C.T. Ambler Vs. Shah Somi Ahmed - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in6Ind.Cas.545a
AppellantC.T. Ambler
RespondentShah Somi Ahmed
Excerpt:
criminal procedure code (act v of 1898), 146 - bengal survey act (v b.c. of 1875), section 41--competent court--order of survey authorities tantamount to decree of civil court. - .....under section 41 of the bengal survey act. 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 under the act is a determination by a competent court of the rights of the person entitled to the land. it is also a determination of the rights of the parties to the original dispute, since the two parties in the original dispute were also 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 any civil court.2. the rule, therefore, is made absolute the order in question is set aside and the attachment must be released in favour of the petitioner.
Judgment:

1. In this case the land was attached by the Magistrate under Section 146, 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. 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 under the Act is a determination by a competent Court of the rights of the person entitled to the land. It is also a determination of the rights of the parties to the original dispute, since the two parties in the original dispute were also 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 any Civil Court.

2. 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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