UMED ALI BHUYAN Vs. RAJ LAKSMI DEBYA

JUDGEMENT

(1.) A certificate was filed under Section 7 (1) h of Act I of 1895 against the appellant on 26th March 1898 for an arrear of Rs. 207-13-0 on account of rent, cesser and interest for the years 1303, 1304 B.S. It has been fount that notice was duly served under Section 10 on 23 May 1898. No petition of objection was filed under Section 12. A certain amount was realized, some moveable property of the appellant having been sold in July 1898 in execution. For the balance due execution was taken against the holding in arrear, which was sold on the 9th January 1900.

(2.) The present suit was instituted on the 30 July 1900 to cancel the certificate and set aside the sale. The plaintiff alleges that a certificate was made without his knowledge for a sum based on the rent being Rs. 180 instead of Rs. 83-12-0, which is alleged by him to be the rate settled during a recent cadastral survey: he further alleges that no notice was served; that there was no rent in arrear; and that the certificate proceedings and execution taken thereunder were fraudulent.

(3.) The plaintiff's suit has been dismissed by both Courts both on the merits and on the ground that the suit is barred by limitation.