DARSAN RAUT Vs. CHANDRAMAN RAUT AND OTHERS

JUDGEMENT

(1.) THIS is an appeal by the pltf. under cl. 10, Letters Patent, from the judgment of Shearer J. who, reversing the concurrent decisions of the Courts below, dismissed the pltf.'s suit.

(2.) THE suit was for setting aside a certificate sale & for confirmation of possession or, in the alternative, recovery of possession of the suit land. The suit was brought on the allegation that there was fraudulent suppression of notice under S. 7, Public Demands Recovery Act (iv [4] of 1914) & also of other processes under the Act.

(3.) BOTH the Courts below held that there was no fraud & therefore, the suit could not lie under S. 46 of which the relevant portion is as follows: