SHAIKH ULTAF HUSSAIN Vs. KALI RAM DOKANIA

JUDGEMENT

(1.) In this appeal by the plaintiffs the question for decision is whether the learned Subordinate Judge was right in refusing to set aside the revenue sale upon the allegation that the sale was without jurisdiction as there was no arrear in fact for which the sale wag held.

(2.) The material facts are not in dispute. Mahal Matha Dih bore Tauzi No. 3411 on the tauzi ledger at a revenue of Rs. 132-5-0. On 18 June 1867 there was a collectorate partition of the mahal as the result of which nine annas and six pies of the parent estate was carved into village Narayanpur bearing Tauzi No. 4038 at a revenue of Rs. 16-6-0 which was made payable in two instalments, Rs. 8 in April and Rs. 8-6-0 in December (see Ex. 8). The remaining portion of the mahal was converted into Tauzi No. 4039 representing three annas of the mahal and Tauzi No. 4040 representing the remaining three annas and six pies of the mahal. We are not concerned in this case with the last two tauzis.

(3.) In 1920-21 as the result of an application by a cosharer of three annas four gandas and one cowrie of Narayanpore, Tauzi No. 4038, a separate account for Tauzi No. 4038/1 was opened and the revenue fixed was Rs. 2-2-0 payable in April and Rs. 2-6-0 in December. The residuary share or the ijmali share of 12 annas 15 gandas and 8 cowries retained Tauzi No. 40S8 at a revenue of Rs. 11-14-0 which was payable in two instalments i.e. Rs. 5 14-0 in April and in December Rs. 6. On 9 May 1939 the Collector issued a notification under Section 7 of Act 11 [XI] of 1869 (the Revenue Sale Law)--hereinafter to be called the Act--forbidding "the raiyats to pay rent, and in that notification it was stated that Rs. 2-8-6 on account of arrears of land revenue in respect of Tauzi No. 4038/ijmali having a sadar jama of Rs. 16-6 0 was found due under Section 2 of the Act and 28 March 1939 was fixed under Section 3 of the Act for payment of the same and whereas this was not paid by 28 March 1939, the ijmali share would be sold by public auction on 5 June 1939.