DOYAL KRISHNA NASKAR Vs. AMRITA LAL DAS

JUDGEMENT

(1.) This is a suit by an auction-purchaser claiming from the decree-holder a refund of a portion of the purchase-money paid by him, on the ground that, instead of the area of the property sold being, 400 bighas, as stated in the sale proclamation, it is only 250 bighas, and also asking for abatement of rent in respect of such deficiency of area.

(2.) The auction sale was held on the 17 June 1893; the purchase-money was Rs. 1,200; the sale has been confirmed and the sale certificate granted.

(3.) The suit was instituted on the 15 March 1895. The sale proclamation, which gave particulars and a description of the property to be sold, is not before us; but we are informed that the property was described as a tenure consisting of 400 bighas within certain boundaries.