TAHIMAN BIBI Vs. MIDNAPORE ZAMINDARI CO LTD

JUDGEMENT

(1.) The facts from which this rule arises are the following. There was a sale of a certain property in May 1937. The present petitioners, the debtors, made an application under Section 37A, Bengal Agricultural Debtors Act, on 26-5-1943. There were certain mistakes in this application; The mistakes were corrected by another application, dated 13-8-1946. The Board allowed the mistakes to be corrected and ordered delivery of possession. The appellate officer dismissed the appeal, but on revision by the District Judge, the orders of the appellate officer and of the Debt Settlement Board were reversed.

(2.) It is common ground that Section 37A, Bengal Agricultural Debtors Act, is applicable. The learned District Judge held, first, that there was no debt at the time of the order, the debt having been extinguished by the profits derived from the possession of the decree-holder from 1937 to 1943; and secondly that the application for amendment was more than one year after the time limited in Section 37A of the Act; the amendment being in substance a new application.

(3.) The former point can be disposed of shortly. The learned advocate for the opposite party has candidly drawn my attention" to two decisions of Divison Benches of this Court, viz., civil Revn. Case No. Sukhendu Bikash V/s. Srish Chandra Civil Revn. No. 1854 of 1947, D/-24-2- 1948 (Cal.), and Kalipada Mondal V/s. Bimal Chandra Sinha Civil Revn. No. 1293 of 1947, D/-9- 3-1948 (Cal.), These decisions dispose of the point in the sense contrary to that held by the learned District Judge.