JUSCURN BOID Vs. PIRTHICHAND LAL CHOUDHURY

JUDGEMENT

(1.) ON the 14th May, 1904, a patni taluq known as Lot Mirzapur was put up for sale for arrears of rent under the Bengal Patni Taluqs Regulation, 1819, at the instance of the zemindar, Mussummat Bhagwanbati Choudhurain. The defendant-respondent, Pirthichand Lal Choudhury, as her successor in title, is the present zemindar. The defaulting patnidar was Chhatrapat Singh. Hukum-chand Boid, now represented on this appeal by his heirs the plaintiffs-appellants, was the highest bidder, and the tenure was knocked down to him.

(2.) THE purchaser paid, in the entire amount of the purchase money, and on the 23rd of May, 1904, he received from the officer conducting the sale a certificate of payment under Section 15 of the Regulation.

(3.) BY the present suit the purchaser seeks to recover from the zemindar the sum of R Section 57,996-3-6, the aggregate of several sums of money being (a) the amount of rent arrears due and paid by the Collector to the zemindar out of the purchase money, (b) the expenses of the sale appropriated by the Collector out of the purchase money, (c) the patni rents paid to the zemindar subsequent to the sale, and (d) interest on these several sums and on the balance of purchase money left in the hands of the Collector.