JHARA BISWAS Vs. AMRITAMOYI DASI

JUDGEMENT

(1.) The first point argued in this case is that the plaintiffs purchased nothing, as the defendants had no right to the ganti tenure which purported to be sold at the auction sale to their vendor. We see from the sale certificate that what was sold was the right, title and interest of the judgment-debtors in a tenure of 649 bighas bearing a jama of Rs. 560 under the ganti of Baikant Banerjee, etc. We think this was sufficient to pass whatever rights the judgment-debtors had in the property named. The Bnerjees had a ganti and the judgment- debtors a darganti consisting of the 649 bighas and other lands. There is no dispute about the identity of the lands. This being so, this point fails.

(2.) The next point is that the learned Judge was wrong in holding that the judgment in the case for setting aside the sale to the plaintiff s vendor is a bar to a fresh impeachment of the sale as fraudulent. The defendants applied for setting aside the sale on the ground of fraud and were unsuccessful. They cannot litigate the same point again.

(3.) Both points fail and the appeal is dismissed with costs. In No. 568 of 1913.