SHEIKH MOHAMMAD ABDUL AZIZ Vs. BAIJNATH GOENKA

JUDGEMENT

(1.) This is an appeal by the auction purchaser at a revenue sale.

(2.) The sale took place on the 24 August 1903 when the property was purchased by the defendant No. 1. The plaintiff and the defendant 2nd party were maliks of the shares sold. The plaintiff alleged that he had paid his share of the Government revenue, that his co-sharers in collusion with the purchaser defaulted and caused the sale fraudulently, that notices under Secs.5, 6 and 7 of the Sale Law were not issued and served, and that the price fetched at the sale was inadequate.

(3.) The Subordinate Judge dismissed the suit on the ground that the purchaser had obtained a sale certificate from the Collector, that this certificate was conclusive evidence that all notices required to be served or posted under Act XI of 1859 were duly served and posted, and that the title of the purchaser who had obtained the certificate could not be impeached or affected by reason of any omission in formality or irregularity in the service or posting of any such notice.