MANMATHA NATH MUKHERJEE Vs. JIAUL HUQ

JUDGEMENT

(1.) CIVIL Revision Cases 1219, and 1330 to 1332 of 1948 are directed against a decision of the Additional Judge of Alipore arising out of proceedings commenced under Order 21, Rule 90 Civil P. C. The Rules were heard together. The relevant facts are as follows:

(2.) THE Corporation of Calcutta brought a charge suit (Title Suit No. 291 of 1940) in respect of premises No. 12, Samsul Huda Road, against six brothers including Mahammad Hossain, Samsul Huq and Jiaul Huq on 19 -6 -1941. The suit was decreed in a preliminary form and on 2 -2 -1942 the decree was made final. On 26 -7 -1942, an execution proceeding (Title Execution Case No. 67 of 1942) was started. The property was sold by auction in execution of the decree on 20 -1 -1943 and purchased by Manmatha Nath Mukherji for a sum of Rs. 9000/ -. It appears that on 26 -4 -1943, Mahammad Hossain applied for setting aside the sale. A similar application was made by Samsul Huq and another 'judgment debtor on 20 -12 -1943. Both these applications which were under Order ,21, Rule 90, Civil P. C. were fought upto this Court but the applications were dismissed; Thereafter, Jiaul Huq another J. D. filed the present application on 24 -9 -1945 under Order 21, Rule 90 for setting aside the sale alleging inter alia that he came to know of the sale for the first time on 26 -8 -1945, It was alleged that there was suppression of the material processes in connection with the sale, that the property in question was grossly undervalued and that the resultant sale fetched a very inadequate price. It was further alleged that due to fraud the applicant Jiaul Huq came to know of the sale only on 26 -8 -1945 and not before and as such he was entitled to the benefit of Section 18, Limitation Act. The application was contested both by the D. H., namely, the Corporation of Calcutta and the auction purchaser Manmatha Mukherjee.

(3.) AGAINST this decision, Civil Rule No. 1219 of 1948 has been obtained by the auction purchaser, whereas Civil Rule 1330 of 1948 has been obtained by Jiaul Huq, the applicant under Order 21 Rule 90, Civil P. C. Civil Rule No. 1331 of 1948 has been obtained by Shamsul Huq and three others and Civil Rule No. 1332 of 1948 by Mohammad Hossain.