ALI MIYAN Vs. WAJADDIN SIKDAR

JUDGEMENT

(1.) The question which arises for decision in this appeal by the plaintiff is:-Was the certificate which was issued tinder Act III of 1913 under which the sale of the holding in question took place, a valid and binding one? The facts which are relevant, for this appeal may be shortly stated thus. The plaintiff Munshi Ali Miyan and the defendant No. 2 Asgar were the owners of a holding under the khas mehal in Chittagong and a certificate, dated the 19 February, 1917, was filed by the Certificate Officer and the holding in arrears was sold on the 11 June, 1917 and, purchased by the defendant No. 1 for Rs. 46.

(2.) The plaintiff instituted this suit for a declaration that the sale was not binding on him and in the alternative prayed for a reconveyance of his 8-annas share on payment of half the purchase-money. Among other matters which are not material, the plaintiff contended that the certificate was not a certificate, signed and made under the provisions of Section 4 of the Act, and, therefore, the sale was without jurisdiction.

(3.) The plaintiff further alleged that a property worth Rs. 3,000 was sold for Rs. 46 and in consequence he suffered substantial injury.