JOGENDRA NATHKAR Vs. SUDHIR CHANDRA ROY

JUDGEMENT

(1.) This is a Rule which was granted by my learned brother Mr. Justice Chakravarti calling upon the opposite party to show cause why the order of the Second Munsif of Tamluk allowing a certain deposit to be made under Section 170 of the Bengal Tenancy Act should not be set aside.

(2.) The facts would appear to be these: The applicant who has obtained this Rule is the landlord. He obtained a decree against the opposite party No. 4 for a sum of Rs. 257-13-0 on the 28 July 1921. The amount not being paid, the landlord tried to execute the decree and the 17 of March 1925 was fixed for the sale. Previous to this property being put up to sale, the opposite parties Nos. 1, 2 and 3 applied to deposit the decretal amount under Section 170 of the Bengal Tenancy Act. The application was opposed by the landlord on the ground that the opposite parties Nos. 1, 2 and 3 were not entitled to make the deposit.

(3.) The learned Munsif found that the opposite parties Nos. 1, 2 and 3 were co-sharers of the judgment-debtor, although they had not been recognised by the landlord. Hence he held that they were entitled to make the deposit.