TEKAIT KRISHNA PRASAD SINGH Vs. MOTI CHAND

JUDGEMENT

(1.) This is an appeal from an Order of the High Court of Judicature of Fort William in Bengal, dated the 18th May 1908, reversing an Order of the Deputy Commissioner of Hazaribagh, dated the 16th February 1936, which set aside the sale of a property known as Gadi Gandey, which is an impartible zamindary descending by primogeniture situated in that district.

(2.) The prolonged legal proceedings in relation to this matter give rise to many important questions of law, but in the view taken by their Lordships as to the rights of the parties, it will not be necessary to decide more than one or two of such questions. To appreciate the points necessary to be so decided it will be convenient to state first the facts of the case so far as they relate to the sale and then to deal with the legal proceedings that have been taken with regard to it.

(3.) The property originally belonged to the father of the infant appellant, against whom the respondent on the 27th November 1900 obtained a decree in the Court of the Subordinate Judge of Benares for Rs. 6,599-9-6 and costs. Two years later this decree was transferred for execution to the Court of the Deputy Commissioner of Hazaribagh, and the respondent applied to that Court for execution of the same by attachment and sale of the property. While these proceedings were going on, the appellant s father died. The respondent continued the attachment proceedings, and on the 28th October 1903 applied for and obtained the issue of a sale proclamation fixing the sale for the 2nd January 1904. It does not appear that notice of any of the proceedings in the attachment was served on any person representing the infant.