JATINDRA NATH PATRA Vs. BHUTNATH PATRA

JUDGEMENT

(1.) THESE two rules arise out of proceedings before the Debt Settlement Board. The first Rule 1705 of 1949 arises out of an order passed in revision under Section 40A, Bengal Agricultural Debtors Act by the learned District Judge.

(2.) THE facts ace these: The petitioners were applicants under Section 37A, Bengal Agricultural Debtors Act. They impleaded one Chitramoyee Devi as the landlord. She pleaded that she had transferred the property to one Bhutnath Patra before 20th December 1939, and that therefore no relief could be obtained by the petitioners. The Board held that there was no transfer before that date. Bhutnath Patra appealed although he was not a party to the proceedings and the Appellate Officer dismissed the appeal. Against that order Bhutnath Patra moved the District Judge and the appeal was allowed.

(3.) THE second Rule 1706 of 1949 arises out of the same proceedings before the Debt Settlement Board. The contention of the landlord was that the petition was not maintainable by reason of the fact that the provision of Section 37A (1) (b) (i), Bengal Agricultural Debtors (Amendment) Act 1940, was not complied with. Section 37A (1) (b) (i) is in the following terms: '374. (1) When any immovable property of any person has been sold after the twelfth day of August 1935, in execution of a decree of a civil Court or a certificate under the Bengal Public Demands Recovery Act, 1913, relating to a dabt. other than a certificate for the recovery of any amount payable under an award, such person or his heir, executor or administrator may, notwithstanding anything contained in this Act or in any other law for the time being in force or in agreement, apply for relief under this Section, if the following conditions are fulfilled, namely, (b) if the sale was held (i) before an appointment was made under Sub -section (2) of Section 3 in relation to the Board established for the local area within which such person ordinarily resided at the time of the sale.'