MANOHARDAS MOHANTA Vs. SRIPATI DUTTA

JUDGEMENT

(1.) This appeal is directed against an appellate order, reversing an order made by a learned Munsif and allowing an objection under Section 47 of the Code of Civil Procedure.

(2.) Facts, in so far as they are not disputed in this appeal, are hereinafter stated. One Mrityunjoy Ghosh was a Darputnidar under the Appellant Monohardas. For recovery of arrears of rent, Monohar instituted a suit against Mrityunjoy, being rent suit No. 895 of 1953. The suit was decreed on July 21, 1953. Thereafter, by purchase in a money execution sale, Sripati, the Respondent, acquired the right title and interest of Mrityunjoy in the Darptani temire.

(3.) The Darputni vested in the State Government, under tie provisions of the West Bengal Estates Acquisition Act, 1953 (hereinafter referred to as the Act), with effect from April 15, 1955.