SARALABALA DEVI Vs. SHYAM PROSAD CHATTERJEE

JUDGEMENT

(1.) THIS is an appeal by the decree -holder and is directed against an order of Sri R. R. Biswas, learned Subordinate Judge, Nadia, dated 1 -9 -1950.

(2.) THE facts are not in controversy and may be briefly stated as follows: In 1935 the appellant instituted a suit for partition of certain joint lands against the respondents who are her co -sharers. The suit was registered as Title Suit No. 11 of 1935 of the Court of the Subordinate Judge, Nadia, The suit ended in a compromise decree on 30 -11 -1936. The substance of the terms of the compromise was that the appellant gave a lease of her undivided share in the property in suit in favour of the respondents at a monthly rent of Rs. 100/ -.

(3.) THE rents so reserved not having been paid by the respondents, the appellant instituted a suit for recovery of rent being Rent Suit No. 4 of 1946. The Rent Suit was instituted in the Court of the Subordinate Judge, Nadia. The suit was decreed on 23 -11 -1948. On 13 -7 -1949 the appellant filed an application for transfer of the decree passed in Rent Suit No. 4 of 1946 of the Subordinate Judge's Court at Nadia to the Subordinate Judge, Alipore, through the District Judge, Alipore. The application for transfer is not printed in the paper book but the affidavit which was filed in support of the application is on the record. It is an affidavit sworn to by one Satish Chandra Banerjee, a son -in -law of the appellant. The affidavit, is somewhat vague and, in my opinion, misleading. It purports to say that the judgment -debtors had no sufficient property in the district of Nadia taut had property in the district of 24 -Parganas. The object of the affidavit was to get an order from the Court in terms of Section 39(b)(c), Civil P. C. It appears from the order -sheet that this application for transmission of the decree was registered on the same day, viz., 13 -7 -1349. The Court directed the matter to be put up on 20 -7 -1949. On that date the learned Subordinate Judge, Nadia, made an order transmitting the decree passed in Rent Suit No. 4 of 1918 to the Court of the Subordinate Judge, Alipore, through the District Judge, Alipore. No notice was issued on the judgment -debtors.