SRIMANT ROY Vs. MAHADEO MAHATA

JUDGEMENT

(1.) In this appeal, the landlord of Nadpore Satar is the appellant, and the respondent is the purchaser of a holding, which was sold in execution of a decree for arrears of rent obtained a suit brought by a ticcadar of a 12-anna share of the village after the expiration of his lease. The lease expired m 1895, and the suit was brought and the decree obtained against the tenant for arrears of rent for 1-301-2 (1894 95) on the 30 November, 1897. The tenure was sold in execution of the decree, and was purchased by the respondent on the 18 April 1901.

(2.) On the expiry of the ticcadar's lease, the appellant, the landlord took khas possession, and on the 15 August 1899, he obtained a decree against the same tenant for arrears of rent for the years 13--1305 On the 17 April 1901, he put in an application the proceedings in execution taken on the decree obtained by the ticcadar string that he had obtained a decree for arrears of rent for later years and praying that the application be read out at the time of the sale of the tenure under that decree. Subsequently the appellant took out execution of his own decree and had the tenure put up for sale. The respondent then intervened on the 14(h June 1901, with a petition objecting to the sale of the tenure m satisfaction of that decree.

(3.) The objection of the respondent has been allowed by the Court of first instance, and the tenure has been exempted from sale, and on appeal, that order has been confirmed by the District Judge. The landlord has accordingly appealed to this Court.