REKHA RANI DEY Vs. SHYAM SUNDAR DHAR

JUDGEMENT

(1.) This Rule was obtained against three orders viz.. Orders Nos. 15, 18 and 21 dated 16th August, 1974, 30th August, 1974 and 31st August 1974 respectively. The said orders were made In a proceeding under Order 21, Rule 58 of the Code of Civil Procedure.

(2.) The admitted position is that the petitioner is the wife of the opposite party No. 2 Sri Provat Kumar Dey and the opposite party No. 1 is his cousin. The petitioner has alleged that by virtue of a registered deed of conveyance executed by one Minoti Roy Mitra wife of Sri Adhir Kumar Mitra of 98, P. K. Guha Road, P. S. Dum Dum in the year 1964, she purchased 2 cottas 14 chattaks and 39 sq. ft. of land and such purchase was made out of her stridhan money. She has further alleged that since such purchase she is in possession of the said lands and has constructed a two storied building with her own money. She has further alleged that she is in possession of the said lands on her own right on payment of rent to the Collectorate of 24 Parganas and partly letting out 8 rooms to different tenants and by realising rents from them.

(3.) It has further been alleged by the petitioner that the opposite party No. 1. who got a money decree against the husband opposite party No. 2 for Rupees 26,090.80 P. is going to have her dwelling house and the lands sold in Miscellaneous Execution Case No. 3 of 1973 and before the Subordinate Judge, 6th Court, Alipore she has stated that she got the information about the said sale on 14th August 1974 from one of her tenants. She has further alleged that the opposite party No. 1, who duly had notice and knowledge of her ownership and possession of the property was going to effect the said sale fraudulently and in connivance with the process server, because no process meant for such sale has been duly served on her.