RAHIM BUX TALUKDAR Vs. KANAKALATA CHOUDHURANI

JUDGEMENT

(1.) This appeal is by the judgment, debtors and raises a question of some importance under the Bengal Agricultural Debtors Act.

(2.) The material facts are the following : The respondent Kanaklata Choudhurani obtained OH 18-7-1933, an instalment decree for Rs. 1002 against the appellants in Money suit No. 26a of 1933 of the Court of the Second Munsif of Serajganj. She put the decree into execution, but was met by the appellants with an application made to the Kazipur Debt Settlement Board under the Bengal Agricultural Debtors Act. That Board, in due course, served the executing Court with a notice under Section 34, as a result whereof the proceedings were stayed. The Board subsequently gave its decision on the application and decided that nothing was due to the respondent under the decree.

(3.) An appeal from the decision of the Board, an application in revision to the District Judge and a further application to this Court, all failed, the last one having been disposed of by Henderson J. on 4-1-1945, by his decision in civil Rule No. 1519 of 1943.