GOPI NATH DAS Vs. NAMAI CHARAN DAS

JUDGEMENT

(1.) This is a petition for revision of an order of a lower appellate Court allowing an appeal in fact from an order of a learned Munsif who allowed in fact the petitioners' applications for pre-emption under Section 26F, Bengal Tenancy Act.

(2.) The facts in the case are somewhat complicated. But the relevant facts can be stated as follows. In the year 1935 the property in dispute was attached before judgment by the plaintiff in a suit. On 29/5/1936 the suit ended in a compromise decree. But as the defts. failed to carry out the compromise an application was made in 1937 for execution of the decree. Shortly after this application the defts. applied to the Debt Settlement Board for a settlement of the debts owed by them to the plaintiff among others. The usual order was made under Section 34, Bengal Agricultural Debtors Act, staying all proceedings in respect of debts pending in civil cts. The application for execution therefore of the compromise decree was stayed. On 10/6/1939, the parties arrived at a compromise of the matter pending before the Debt Settlement Board & it was agreed that the defts. should convey to the pltf. certain properties during the month of Assar, 1346, in discharge of all their Indebtedness to the plaintiff On June 18 an award was made by the Debt Settlement Board embodying these terms & on 15/9/1939, this award was registered.

(3.) It is clear that the award brought to an end the proceedings before the Debt Settlement Board & the debt which was the subject-matter of the earlier suit & which was the subject-matter of the proceedings was settled on the terms of this award. It is quite clear, I think, that after this award there was no debt existing between the defts & the plaintiff & that there was nothing to execute. The Plaintfif's. rights thereafter were governed by the award of the Debt Settlement Board which embodied the agreement entered into between the parties.