SK NAFEL ALI Vs. NIHAR BALA DAS

JUDGEMENT

(1.) This second appeal by the plaintiff is directed against the decision of the Subordinate Judge, 4th Court, Alipore affirming the judgment and decree of dismissal passed by Sri A. N. Saha, Munsif, Alipore in T. S. No. 483 of 1962.

(2.) The land in suit comprising an area of 2.70 acres and appertaining to khatiaa No. 209 of mouza Banagram was held by the plaintiff under the State of West Bengal at an annual jama of Rs. 97.25. The public demands for the years 1364-66 B. S. were due. A certificate proceeding was started to realise the amount due. The case of the plaintiff was that the land in suit was illegally put to sale without service of notice upon the plaintiff, as provided under the P. D. R. Act, and purchased by the defendant at auction at a shockingly low price of Rs. 301/-only. After the confirmation of sale on 10-4-1962 the defendant was said to have made attempts to take possession of the same. Hence the suit,

(3.) The suit was contested by the defendant. All processes were said to have been duly served and the plaintiff was said to have knowledge of the certificate proceeding. The plaintiff who brought the suit under Section 36 of P. D. R. Act was to establish that the notice required by Section 7 of the Act had not been served. Thus on the ground of substantial injury the plaintiff wanted to have the sale set aside.