BISHUN CHAND BACHHAOT Vs. BIJOY SINGH DUDHURIA

JUDGEMENT

(1.) This is an appeal from a decree of the Bengal High Court of Judicature which confirmed a decree of the Subordinate Judge of Murshidabad.

(2.) The suit was brought in September 1902 by the respondent Bijoy Singh against the appellant for a declaration that the purchase by the appellant of a house at an auction sale, held under the order of the District Court of Murshidabad, in certain execution proceedings, was invalid on the ground that it was brought about by the fraud of the appellant and the other defendants Tara Chand, the judgment creditor, and Chatrapat Singh, the judgment debtor, in those proceedings.

(3.) The respondent Bijoy Singh was a creditor of Chatrapat Singh and held a decree for the amount of his debt, Rs. 10,000. He applied to the District Court of Murshidabad for execution against Chatrapat s properties and accordingly in September 1900 the house in question was attached and ordered to be sold on the 15th January 1901. The debtor procured a postponement of the sale until the 21st March 1901 by a part payment of Rs. 4,000. In January and February 1901 suits were begun by the debtor s two sons against the respondent, alleging that the house was family property; that they were entitled to shares therein according to the Mitakshara law, and asking for injunctions restraining the sale of their shares. The sale was accordingly stayed in February 1901, on terms that security for the whole amount of Bijoy Singh s debt should be furnished. This was done on the 8th March 1901, and the sale on behalf of the respondent thus indefinitely stayed.