ANANGA MOHAN ROY CHOWDHURY Vs. KALIDAS ROY

JUDGEMENT

(1.) This appeal arises out of a suit brought by the plaintiff who was the original proprietor of touzi No. 372 of the Tipperah Collectorate to set aside a revenue sale held on 24-8-1938, for non-payment of arrears of land revenue due up to Agrahayan of the corresponding Bengali year. The Subordinate Judge, 2nd Court, Tipperah, held that the sale was not to be set aside and this appeal has been filed by the plaintiff in this Court.

(2.) Three points have been urged in the appeal. The first is that the revenue sale was null and void as there were no arrears of revenue, the kist dates for which the sale was held being wrongly calculated. The second point is that 30 clear days did not elapse between the affixing of the Section 6 notice and the holding of the sale. The third point urged is that there has been substantial injury by reason of this illegality or irregularity.

(3.) We take up the question of the kist dates first. A short history will make things clearer. The first document to start with is a kabuliat of 1269 B.S. for one year,-the revenue being payable in four kists, namely, August, November, January and March. The kists were: August...Rs. 198, November...Rs. 435, January...Rs. 395 and March...Rs. 236-13-6 pies. Road cess was payable in addition. That document shows that it was held by the Government as a zemindar, that is, it was a part of the khas mahal, and it is obvious that for arrears of land revenue the Government had come to possess this property and it was settled temporarily with one Abhoy Charan Roy. Next year, that is, in 1863, the property was put up to auction for permanent settlement. The sale certificate which is Ex. 1-A gives the particulars of the mahal and the total revenue fixed. It does not say anything about the dates of different kists.