SRIMATI RAJRANI DASI Vs. GONESH PROSAD SRICHANDAN MOHAPATRA

JUDGEMENT

(1.) This is an appeal against an order of the lower Court setting aside a sale held for arrears of Government Revenue. It appears from the judgment of the lower Court that a taluq called Pachitira bearing No. 160 on the Collectorate Roll of Balasore was sold for arrears of Government Revenue for the November kist of 1904, amounting to Rs. 24. The property was sold on the 6 February 1905 for Rs. 1,000 and purchased by the appellants and the sale was confirmed on the 1 August of the same year. There was an appeal to the Commissioner by the respondents, the original proprietors, which was rejected on the 3 July 1905. The present suit was instituted on the 3 July 1906, under Section 33 of Act XI of 1859.

(2.) The grounds which were put forward for setting aside the sale were two. First, that in the 6 column of the sale proclamation under Section 6 of Act XI of 1859, the name of the proprietor was wrongly stated. The name given was Bhajan Raut of Jesatikri. It seems that there is on the Collectorate Roll of the Cuttack District a mahal bearing Towzi No. 160 and that the proprietor of that mahal is Bhajan Raut. Rent for this mahal is paid into the Balasore Collectorate.

(3.) The case for the plaintiffs was that, owing to that misstatement in the sale notification, intending bidders were misled, that there was doubt as to the estate which was actually being sold and that, in consequence, the mahal, the proper value of which was Rs. 6,000, was sold for Rs. 1,000 only.