SADHAN CHANDRA PAL Vs. KSHETRA MOHAN SAHA

JUDGEMENT

(1.) This is a defendants' appeal and is directed against a decree passed by the Additional Subordinate Judge of Hooghly declaring that a sale which had taken place on the 18th October 1944, in a certificate case by the Certificate Officer of Hooghly was without jurisdiction and null and void. It was further declared that the plaintiff's interest in any portion of the disputed property had not been affected. The plaintiff was entitled to recover possession.

(2.) It is not necessary to refer in detail to the allegations made in the pleadings or to the different issues which were raised. The only question which requires consideration by this Court in the present appeal is whether the plaintiff's suit is barred under Section 37 of the Bengal Public Demands Recovery Act.

(3.) Allegations were made in the plaint that the sale in question was affected by fraud. The Court below has found against the plaintiff on this point. On the materials in the record that conclusion appears to us to be well founded. No very serious attempt was made to controvert the findings on that issue.