SUKHI SAHU Vs. PRAYAG SAH

JUDGEMENT

(1.) The sole question presented for determination, in the present appeal, is, whether a certificate sale can be attacked on the ground of fraud collaterally by way of defence?

(2.) The present appeal is by the plaintiff from the judgment of Mr. A.K. Saran then District Judge of Motihari, reversing the judgment and decree of the first court, and, dismissing his suit under Order 21, Rule 103 of the Code of Civil Procedure.

(3.) The disputed land previously belonged to the defendants first and second parties. In 1947-48, at the instance of the Bettiah Raj, the certificate holder, a certificate proceeding was started in respect of the land in suit for arrears of rent against both the defendants first and second parties. In the said proceeding, the plaintiff purchased the land in suit at the certificate sale on the 19th August, 1948 and obtained delivery of possession over it through court on the 27th July, 1949.