PROBODH CHANDRA MALLIK Vs. DEBENDRA NATH DUTTA

JUDGEMENT

(1.) This is an application under Section 115 of the Civil P. C. and Section 107 of the Government of India Act and it is directed against a judgment dated May 29, 1934, of the learned Subordinate Judge of Hooghly allowing a claim in Rent Execution No. 1 of 1934 in his Court. The relevant facts are these: The petitioners who are executors to an estate obtained a rent decree against opposite party No. 2 and on March 10, 1933, they put their decree into execution in Rent Execution Case No. 8 of 1933. One Monomoy Banerjee who had obtained a money decree against the same judgment-debtor put his decree into execution in Rent Execution Case No. 6 of 1933 by attaching certain properties of the judgment-debtor including a Putni Taluq known as Sankarbati. On August 28, 1933, the petitioners applied for rateable distribution in Rent Execution Case No. 6 aforesaid. Thereupon the following order was made in Rent Execution Case No.6. Order No. 13: August 28, 1933. An application for rateable distribution has been made by the decree-holders of Rent Execution Cass No. 8 of 1933 in this Court in reference to the money to be realised in this case.

(2.) The following order was recorded in Rent Execution Case No. 8 of 1933. Order No. 14. August 28, 1933. Read decree-holder's application of to-day. Put up on August 31, 1933, with the record of Execution Case No. 6 of 1933.

(3.) On August 31, the following order was recorded in Rent Execution Case No. 6. Order No. 14 August 31, 1933, to 12--9 at 12 noon for sale on judgment debtor's application. Judgment-debtor's attention is drawn to Order No. 13 in Rent Execution Case No.8 of 1933.