RAJANI NATH RAKSHIT Vs. KUSUM KAMINIMAJUMDAR

JUDGEMENT

(1.) This appeal arises out of an order passed upon an application to set aside a sale. Pour properties were put up for sale, which are mentioned in the judgment of the District Judge. The learned District Judge set aside the sale as regards all these four properties. Now, as regards properties Nos. 1 and 4, there is no appeal before us and, therefore, the order of the District Judge stands.

(2.) As regards property No. 2, it is admitted that there were irregularities, but the contention has been that there is no evidence which shows that substantial injury, which the Judge has found to exist in this case, was caused by the irregularities referred to in the judgment. I think that the facts to which the learned Judge refers in his judgment supports the conclusion at which he has arrived as regards this property and, therefore, his order setting aside the sale as regards property No. 2 stands.

(3.) The main question in this appeal is as regards property No. 3. No doubt, the irregularities alleged may have affected this property as much as other properties put up at this sale, but it must be found that substantial injury was caused by such irregularity and the learned Judge found on the evidence that as regards property No. 3, no substantial injury has been proved.