AHAMAD MEA Vs. GUNU MEA

JUDGEMENT

(1.) This rule relates to an applicatoin filed by the debtor under Section 37A, Bengal Agricultural Debtors Act. It appears that the decree-holder obtained a decree against the petitioner in mortgage suit No. 2136 of 1934 as a result of which the mortgaged property was put up for sale in one lot and was purchased on 28-3-1936 by the decree-holder who obtained possession through the Court on 28-10-1936 Thereafter the decree-holder leased a portion (.15 acre) of the property purchased by him to the petitioner and retained the remaining portion of the property (1. 19 acres) in his own possession.

(2.) The case for the petitioner is to the effect that he is entitled under Section 37A, Bengal Agricultural Debtors Act to apply for relief and to recover possession of the whole of the property amounting to 1.34 acres. He claims that in the alternative he should in any event be put into possession of that portion of the property which is still in the possession of the decree-holder.

(3.) With regard to the first of these points, Mr. Sen Gupta contends that his client is entitled to the benefit of the section by reason of the fact that the decree-holder is still in possession of the whole of the property purchased by him on 28-3-1936. He argues that the decree- holder is in khas possession of 1.19 acres and is in possession of the remaining portion of the property through the petitioner himself who is now the tenant of the decree-holder. In support of his contention, the learned advocate relies on Section 37A (1)(c); Bengal Agricultural Debtors Act. This sub-section sets out one of the conditions which must be fulfilled in order to entitle a person, whose immovable property has been sold after the 12 day of August 1935 in execution of a decree of a civil Court relating to a debt, to apply for relief under the section; the terms of the sub-section so far as they are relevant, are: If the property sold was in the possession of the decree holder on Or after the 20th day of December 1939, or was alienated by the decree-holder before that date in any manner otherwise than by a bona fide lease for valuable consideration whether by registered instrument or not.... Several other bona fide transactions are also mentioned in the section but these need not be here referred to.