TULSI CHARAN DAS Vs. SUBAL CHANDRA DAS

JUDGEMENT

(1.) This is a petition for revision of an order of a learned Munsif allowing an application made under the provisions of Order 21 Rule 100 of the Code of Civil Procedure.

(2.) The opposite parties in these proceedings were the tenants of certain properties and these properties were sold at the instance of the zamindari in a rent execution case and the holdings were purchased by the zamindar himself. Thereafter the zamindar held these lands in khas. The opposite parties then applied to a Debt Settlement Board under Section 37A of the Bengal Agricultural Debtors Act and that application culminated in an award under which the opposite parties received back their properties on April 10, 1949. It was alleged that since that date the opposite parties had been in possession of the properties.

(3.) Afterwards another rent suit was instituted in respect of earlier rent and a decree was obtained and the property was put up for sale and purchased by an auction purchaser on October 26, 1949.