RAJANI KANT BHOWMIK Vs. KARAMAT ALI

JUDGEMENT

(1.) On the 23 October 1906, a sale was held in execution of a rent decree obtained by the opposite party decree-holder against the judgment-debtors Karamat Ali and others.

(2.) Karamat Ali has now come forward under Secs.311 and 244 of the old Code of Civil Procedure to have the sale in question set aside on the ground of non-service of sale proclamation, and other process, and consequent inadequacy of price; also, on the ground that the rent decree, in execution of which the sale took place, was passed against a person named Ashgar who was dead at the date of the decree, 4 April 1906.

(3.) The Court of first instance declined to set aside the sale. It found that the sale proclamation and writ of attachment had been duly served, and, also, that the price fetched was not inadequate. With regard to the further objection that the decree had been passed against a dead person, the Munsif thought that, inasmuch as this was the result of a bona fide mistake, the rent decree was a valid decree.