SHEIKH MAHOMED JAN Vs. MUNSHI BISHUN SINGH

JUDGEMENT

(1.) This is an appeal from a decision of the High Court, Calcutta, overruling that of the Subordinate Judge of Chapra. The object of the suit, as brought by the plaintiff and now appellant, was to set aside a revenue sale, and to recover possession of the property sold. The defendants were the purchaser and others who derived title from him. In the first Court the decision was in favour of the plaintiff upon grounds which it is unnecessary now to examine.

(2.) From that decision there was an appeal to the High Court, and that Court overruled the decision of the first Court. Various grounds were urged on the one side and on the other, on the argument of that appeal, all of which were dealt with by the learned Judges in their judgment, but of all those grounds, there is only one which it appears to their Lordships necessary now to consider.

(3.) The facts, so far as it is necessary to examine them at the present stage, can be shortly stated. The property in question is an Ijmali Kalam, forming part of the Mahal Khawaspur. That property was put up for sale by the Collector of Chapra on the 16th September 1901, in respect of arrears of revenue but as no bidder offered, the Collector stopped the sale, and declared that the whole estate would be put up to sale at a later date, acting under Section 14 of the Revenue Sale Law (Act XI. of 1859).