MINA KUMARI BIBI Vs. RAJA BIJOY SINGH DUDHURIA

JUDGEMENT

(1.) This is a suit for the possession of immoveable property brought by a purchaser under a private alienation against a purchaser at an execution sale, who was also the decree-holder and against the judgment-debtor. There was also originally another defendant, but he has since died and is now represented by the decree-holder.

(2.) The suit was decided in the plaintiff s favour in the Court of the Subordinate Judge at Berhampur, but on appeal it was dismissed with costs by the High Court of Calcutta. From the High Court s decree the present appeal has been preferred to His Majesty in Council.

(3.) The judgment-debtor is Chhatrapat Singh Dugar, who is not inexperienced in litigation. Two decrees were passed against him in the High Court of Calcutta on its Original Side, one on the 24th August, 1896, in suit 449 of 1890, the other on the 3rd January, 1001, in suit No. 302 of 1900. The defendant, Raja Bijoy Singh Dudhuria, the purchaser at the execution sale, was a transferee of both decrees and so became the decree-holder under each.