SUSHIL KUMAR CHATTERJI Vs. CHANDRA MADHAB RAY

JUDGEMENT

(1.) This appeal is by the Defendant No. 3 and arises out of a suit for redemption. The Plaintiff is admittedly a prior purchaser of the holding in suit. The contesting Defendant is a purchaser at a sale in execution of a decree for arrears of rates and taxes obtained by the Serampore Municipality, against Defendant No. 1 in the suit.

(2.) Various defences were taken to the suit, one of which was that the suit was bad for non-service of a notice under Section 535 of the Bengal Municipal Act. This particular defence was taken by the Defendant municipality.

(3.) The trial court was of the opinion that notice under Section 535 of the Act was not necessary and decreed the Plaintiff's suit.