TAMIRANNESSA BIBI AND KHATIMANNESSA BIBI, MINORS, REPRESENTED BY THEIR MOTHER MANGALBI BIBI Vs. MTKACHHIMAN BEWA, WIDOW OF EKTIAR MONDAL, TAMIJADDIN MONDAL

JUDGEMENT

(1.) This appeal arises out of certain proceedings taken at the instance, of some of the judgment-debtors to set aside a rent sale. The Subordinate Judge refused to set aside the sale. The District Judge, on appeal, set it aside. The auction-purchasers have preferred this appeal.

(2.) The application to set aside the sale was under Order 21, Rule 90, Civil P.C., as, well as under Section 173, Clause (3), Ben. Ten. Act. Under Order 21, Rule 90, Civil P.C., it was alleged that the sale processes were not duly served, and that there was material irregularity in publishing and conducting the sale and that substantial injury in the shape of gross inadequacy of price resulted there from. As resting on Section 173, Clause (3), Ben. Ten. Act, it was alleged that one of the judgment-debtors Tahed Mahmud Mandal, in collusion with, the decree-holders, managed to purchase the properties in the benami of his daughters.

(3.) The sale was held on 5 October 1923. The present application was originally filed on the date the Courts reopened after the Dusserah vacation and so within time. When so filed the auction-purchasers were not made parties therein. On 12 January 1924 the auction- purchasers were added as parties.