NRIPENDRA KUMAR, DUTTA, RECEIVER Vs. NADIR KHAN

JUDGEMENT

(1.) This appeal comes from the District of Sylhet in which Bengal Ant VIII of 1869 is still in force and is directed against an order of the Additional Subordinate Judge of that District by which he has held that an occupancy holding may not be sold in execution of a decree obtained by the sixteen annas landlords for its own arrears.

(2.) In the case of Chandra Benode Kundu v. Sheikh Ala Bux 58 Ind. Cas. 353 : 24 C. W. N. 818 : 31 C. L. J. 510 (F. B.) : 48 C, 184, recently decided by a Special Bench of this Court and reported as Chandra Benode Kundu v. Sheikh Ala Bux 58 Ind. Cas. 353: 24 C. W. N. 818 : 31 C. L. J. 510 (F. B.) : 48 C. 184, it has been shown that in 1834, 1845 and again in 1845 it was held by the Sadar Dewani Adalat that in Bengal occupancy holdings might be fold in execution of degrees for money provided that the sale was at the instance of or with the consent of the landlord.

(3.) It does not appear that this general principle was affected or modified either by Act X of 1859 or Act VIII of 1869.