PROVINCE OF WEST BENGAL Vs. SURJA KANTA JANA

JUDGEMENT

(1.) Although the point raised in this appeal is a very short one relating to the liability of the defendant to pay interest on the amount decreed for the period anterior to the filing of the suit, it will be necessary to refer in brief to the facts of the case to appreciate the nature of the claim made as also the exact legal position.

(2.) The facts giving rise to the suit out of which the present appeal arises are all admitted ones. Touzi No. 2632 within the Collectorate of 24-Parganas was put up to sale as the said estate was in arrears in respect of education cesses amounting to Rs. 500/- and odd. On 17-4-1944, the said Touzi was put up to sale for the certificate debt and was purchased by the plaintiff Surja Kanta Jana for Rs. 11200/-. The said amount was deposited in two instalments, the first portion being paid on the date of the sale along with the poundage fee, and the balance on 27-4-1944. Before the sale could be confirmed one of the certificate debtors moved an application under Section 23(1), Public Demands Recovery Act for setting aside the order for sale, but the certificate officer rejected the same and the sale was confirmed on 24-7-1944.

(3.) In the meantime, however, the certificate debtor had preferred an appeal against the order of rejection of the petition filed by the judgment-debtor for setting aside the same and the additional Collector subsequently set aside the order of the certificate officer, and remitted the case for rehearing by the certificate officer. On this occasion the certificate officer held that the certificate in execution of which the sale had taken place was a void one for reasons which we need not enter upon at this stage. This order was passed on 31-10-1944