BIDHUMUKHI DASI; UMESH CHANDRA SUR Vs. BHABA SUNDARI DASI; KALA KUTI BIBI; BHABA SUNDARI DASI; KSHITISH CHANDRA CHATTERJEE

JUDGEMENT

(1.) This appeal arises out of a suit by an auction-purchaser of a holding, at a sale for arrears of rent to recover possession of the lands comprised in the holding, from the defendant who had subsequently purchased the same at a sale in execution of a decree upon a mortgage executed by the tenant.

(2.) It appears that the tenant had mortgaged the holding to the defendant, Bidhumukhi, in 1901. A suit was brought upon the mortgage in 1911 and was decreed by the Court of first instance on the 6th February 1912, and Bidhumukhi purchased the holding in execution of her mortgage-decree on the 19th November 1913.

(3.) In the meantime, the landlord obtained a decree for arrears of rent against the tenant, and in execution of that decree the holding was purchased by the decree-holder (the plaintiff) on 19th March 1912. He obtained formal delivery of possession on the 17th June 1912, and on the 31st August 1912, served notices under Section 167 of the Bengal Tenancy Act upon the defendants (other than Bidhumukhi) who held the lands as under-raiyats under her.