ICHHAB MONDAL Vs. LALMOHAN PAIN

JUDGEMENT

(1.) THIS Second Appeal is at the instance of the plaintiffs. Their suit for declaration of title, confirmation of possession and for permanent injunction was dismissed by the learned Munsif, 2nd Court Krishnagar. The learned Subordinate Judge, Nadia also dismissed the appeal confirming the findings of the learned Munsif. Thereafter, this second appeal was preferred.

(2.) THE predecessor-in-interest of the plaintiffs held a raiyati jama comprising 14. 22 acres of land in Khatian No. 831 Mouza Dhananjoypur under Nakashipara Police Station under jyotish Chandra Pal Choudhury and others at a annual rent of Rs. 19-7 anas. The said J. C. pal Choudhury obtained a decree for arrears of rent against the plaintiffs' predecessors in-interest in Rent Suit No. 718 of 1937. Thereafter, the said decree-holder put up the said decree into execution in Rent execution Case No. 262 of 1940. While the said execution case was pending the present plaintiffs made an application to Dhananjoypur Debt Settlement Board for settlement of his debt under the provisions of Bengal Agricultural Debtor's Act 1936. The Deft settlement Board had given notice thereof to the executing Court and the further proceedings in Rent Execution Case No. 252 of 1940 had remained stayed. On january 8, 1949, Debt Settlement Board made an award in favour of the plaintiffs. In the meantime, the executing Court had issued notice upon the judgment-debtors to show cause why the stay of the said execution case shall not be vacated and on February 18, 1950, the said stay was vacated. On October 10, 1950, the suit property was auction sold in Rent Execution Case No. 262 of 1940. The present plaintiffs had filed an application under Section 47 read with Order 21 Rule 90 of the Code of Civil Procedure for setting aside the said sale held on October 10, 1950. The learned Munsif, 2nd Court at Krishnagar by his order, dated May 31, 1951 dismissed the said application on contest.

(3.) THEREAFTER, on September 10, 1955 the present plaintiffs instituted a title suit, inter alia, for a declaration of their title and for further declaration that the auction sale of the suit property in Rent Execution Case no. 262 of 1940 was illegal, fraudulent and void. They also prayed for confirmation of possession and for permanent injunction.