BIBI TAIBATANNESSA CHOWDHURANI Vs. PRAVABATI DASI

JUDGEMENT

(1.) In these appeals, the contesting appellant is Sirimati Bibi Taibatannessa Chowdhurani Saheba and the contesting respondent is Srimati Pravabati Dasi. The main point is dispute between them is, whether the appellant, under a purchase made by her of the entire durputni taluq Chuk Baharan on the 6 June 1904 at a sale in execution of a decree for arrears of rent brought against the original durputnidar by the putnidar, has acquired a good title to the whole taluq and whether, on the basis of that title, she can recover the full rents from the tenants of the taluq, or whether the respondent, under three purchases made by her of shares in the durputni, aggregating 8 annas 8 pies, on the 11 December 1903, 9 March 1904, and 19 May 1904, respectively, in execution of mortgage decrees obtained by her against some of the durputnidars has acquired encumbrances on the durputni to the extent of those shares which encumbrances the appellant has not legally annulled by notices issued on the 29 July 1907, and which, in consequence bar the appellant from recovering the rents in respect of those shares in the durputni.

(2.) The Court of first instance held that the encumbrances were acquired By the respondent by her purchases, but that they were annulled by the notices served on her by the appellant on the 29 July 1907, and that the appellant had acquired a good title, as purchaser of the whole durputni, to the whole of the rents from the tenants, and disposed of the suits accordingly.

(3.) On appeal, the lower appellate Court has held that the notices were not properly served by the appellant on the respondent under the provisions of Section 167 of the Bengal Tenancy Act within the period of limitation fixed by that section, and that, therefore, they were invalid, and that by them the encumbrances acquired by the respondent have not been annulled. The District Judge has set aside the decrees of the Munsif in all the suits and has decreed the appeals.