JYOTINDRA MOHAN CHOUDHURY Vs. BRIDHIDEYEE BIBI

JUDGEMENT

(1.) This Rule has been obtained by the defaulting patnidars whose application to set aside the patni sale under Section 14-A of the Patni Regulation has been rejected, the learned Munsif holding that the sum of money which was deposited within thirty days of the sale has fallen short of the requisite amount by about Rs. 5-8-0.

(2.) The petitioners held a patni taluk under the Maharaja of Burdwan (opposite party No. 2.) They having failed to pay the rent and cess in time, the Maharaja applied for sale of the patni under Regulation VIII of 1819. The sale was held on November 17, 1933, corresponding to the Augrahayan 1, 1340 B.S. and the Opposite party No. 1 purchased the patni for Rs. 550. The amount for which the patni was put up for sale was Rs. 501-9-0. The said amount is made up of the following items:

(3.) On December 13, 1933, corresponding to Augrahayan 27,1340, the petitioners deposited in the Collectorate the sum of Rs. 512 and two further sums of Rs. 5-8-0 and Rs. 27-8-0, the sum of Rs. 5-8-0 representing the sum payable to the credit of the Government under Section 14-A, Clause (a) and Rs. 27-80-0, the compensation payable to the auction-purchaser under Section 14-A, Clause (c). On January 24, 1934, they deposited a further sum of Rs. 5-8-0. The last-mentioned deposit has to be disregarded as it was put in more than thirty days after the sale.