JAGDISHWAR NARAYAN Vs. MUHAMMAD HAZIQ HUSSAIN

JUDGEMENT

(1.) THIS is an appeal from a decree of the High Court of Judicature at Patna affirming a decree of the Subordinate Judge of Monghyr, by which a sale of certain land under the Bengal Land Revenue Sales Act (XI. of 1859) was set aside as invalid.

(2.) THE suit related to a portion of an estate known as Chak Maharuddin Khatik bearing No. 3309 on the tauzi of the Collectorate of Monghyr, and paying an annual revenue to the Government of Rs. 129.13. The estate had belonged to a number of proprietors in several shares, but in respect of some of the shares separate accounts had been opened under Section 11 of the Act, leaving a residue belonging to the respondents jointly and bearing an annual revenue of Rs. 80.9 payable by quarterly instalments. By a rule made by the Board of Revenue under Section 3 of the Act, the latest dates for the payment of all arrears of revenue in respect of this and other estates had been determined to be June 7, September 28, January 12 and March 28.

(3.) ON December 10, 1917, some of the respondents preferred an appeal to the Commissioner of Revenue under Section 25 of the Act against the sale, alleging a number of irregularities in the sale (none of which are now relied upon) and that it was a hardship that property which they alleged to be worth a very large sum should be sold on account of an arrear of only Rs. 1.11.9 for Rs. 850. The Commissioner, having heard the appeal, found on February 8, 1918, that no material irregularity had been disclosed or indeed pressed in argument; as regards the plea of hardship, he said that the then appellants appeared to be habitual defaulters and that accordingly he felt precluded from making a recommendation to the Board on the ground of hardship. The appeal was accordingly dismissed, and the appellant paid his purchase money and was let into possession of the property on April 29, 1918.