SASHI BHUSAN SINGHA Vs. SANKAR MAHATO

JUDGEMENT

(1.) This is an application in revision against the orders passed by the lower Courts allowing an application under Section 26F, Bengal Tenancy Act.

(2.) The opposite party made an application on 17th September 1948 under Section 26F, Bengal Tenancy Act on the allegation that he was a cosharer with one Kshirode Das in respect of an occupancy holding which had been sold on 22nd March 1947 under the provisions of the Public Demands Recovery Act. Sasi Bhusan Singha, the petitioner before this Court, was a creditor of Kshirode Das and had obtained an award under the provisions of the Bengal Agricultural Debtors Act. The payments directed to be made under the award not having been made within the due dates steps were taken by the creditor under Section 28, Bengal Agricultural Debtors Act. The certificate sale which followed was confirmed on 23rd May 1947 but the opposite party alleged that he had no knowledge of the sale before 9th September 1948. The application for pre-emption under Section 26-F, Bengal Tenancy Act was filed on 17th September 1948.

(3.) Various objections were raised by the decree-holder auction purchaser, Sasi Bhusan Singha. It is not necessary for our present purpose to refer to all the different objections as only one of those has been urged before us. It is argued that the sale had taken place under Section 28, Bengal Agricultural Debtors Act, and the provisions of Section 26 F, Bengal Tenancy Act are not attracted in the case of involuntary sales. This objection had been disallowed by the Courts below.