MADHAI MONDAL Vs. PRAN KRISHNA BISWAS

JUDGEMENT

(1.) This is an appeal against a decision of the subordinate Judge of Berhampore reversing a decision of the Munsif, First Court, Berhampore, in a case arising under Section 37 A (8), Bengal Agricultural Debtors Act.

(2.) The applicant, now appellant, obtained an award in a case where it was held that the debt had been extinguished by long possession of the land given in usufructuary mortgage. The Munsif granted the application & set aside the sale.

(3.) The lower appellate Court has followed the decision in the case of 'Bonamali Pramanik v. Radhagobinda Ghose', AIR (34) 1947 Cal 388, & has held that the application must be dismissed on the ground that the Board had no jurisdiction. The learned Judge has remarked that the decision in the case of 'Sukhendu Bikash v. Srish Chandra', 52 CWN 612, has no application to the case.