NARENDRA NATH DUTTA Vs. ABDUL HAKIM

JUDGEMENT

(1.) ON April 10, 1918, the Collector of the 24 Parganas issued his certificate, that on December 18, 1917, Mahal Panchannagram had been sold to the first appellant, under Act XI. of 1859, for Rs. 4700, the former proprietor, the second respondent, having fallen into arrear with his annual sadar jama of Rs. 4-7-6. The purchase took effect as from July 29, 1917, the formal proclamation, which was dated November 13, 1917, having announced that: the mahal was to be sold for realization of arrears of Government revenue " up to the talab of July 28, 1917, for the year 1323."

(2.) ON February 17, 1919, the first respondent, in whom prior to the sale the whole tenure-holder's interest in the mahal had actually become vested, though his name had not been recorded, filed his plaint against the respondents 2 and 3 and against the appellants, praying for a declaration that the sale was invalid and for possession with mesne profits, the appellants, the auction purchasers, having gone into possession. Various irregularities and illegalities were alleged, which need not now be detailed, as, after adverse decisions of both the Courts in India, they are not persisted in; but it was further alleged that there had been no arrears of revenue, for which the property could be sold, which, if established, would result in the sale being set aside and the certificate cancelled.

(3.) AS the learned judge observed: " It is impossible to think that the applicants should have remained silent, if they had any notice of the suit. The property in question, which fetched Rs. 38,000 on sale by the applicants, was purchased in revenue sale for Rs. 4700 by the applicants. The plaintiff alleges that no arrears of revenue sale were actually due. If his allegations be taken to be true, he lost the valuable property for no fault on his part. After that revenue sale the plaintiff offered Rs. 10,000 to the defendants to get it back, but the applicants were inexorable. It was, therefore, very natural for the plaintiff to take to any means to get back the property and to teach a lesson to the defendants."