KANHU CHARAN RAMANUJ DAS Vs. MANGARAJ PADHAN

JUDGEMENT

(1.) This is an application in revision against an order of the Senior Deputy Collector, Balasore, with appellate powers bringing on record a certain man under the provisions of Section 81-B, Orissa Tenancy Act, and directing that his application to deposit money to set aside the sale be disposed of according to law. This order reverses an order of the Rent Suit Officer of Balasore dated 21st December 1944, who held that. The said person as an applicant had no right to make deposit under Order 21, Rule 89, Civil PC.

(2.) The material facts are as follows: In 1940 a suit was brought to recover rent and on 27 September 1940 an ex parte decree for the sum of about Rs. 12 was passed in that suit. On 14 April 1944, the entire holding was brought to sale By that time the judgment-debtor had died and his eon was brought on the record as his representative On 15 April 1944, opposite party No. 1 purchased 52 acres out of a holding in execution of a money decree against the son of the original judgment-debtor in the Court of the Munsif. On 11 May 1944 opposite party No. 1 deposited the requisite sums in the Court of the Rent Suit Officer who set aside the sale under Order 21, Rule 89, Civil P.C. His right to make that deposit was challenged.

(3.) In the application to set aside the sale it was not specified under what provision of law he was claiming to set aside the sale The Rent Suit Officer considered both Order 21, Rule 89 and Section 31-B, Orissa Tenancy Act, and held that the opposite party No. 1 had no right to make a deposit to set aside the sale On appeal the Deputy Collector with appellate powers held that opposite party No. 1 had the right to be brought on the record as judgment-debtor under Section 81- B, Orissa Tenancy Act, and passed order accordingly.