NORENDRA BHUSAN ROY AND ON HIS DEATH HIS HEIRS AND LEGAL REPRESENTATIVES, KHOGENDRA BHUSAN ROY Vs. JOTINDRA NATH ROY

JUDGEMENT

(1.) This appeal arises out of an application to set aside the sals of a gunti tenure purporting to be held under the provisions of the Bengal Tenancy Act.

(2.) The application was treated as being one under Order XXI, Rule 90, Civil Procedure Code, but the statements in the petition go to show that it was an application under Section 47,CivilProcedure Code. The Courts below have come to the conclusion that there were no material irregularities and that it was not proved that the price of the property was inadequate.

(3.) The main contention raised before us is that the sale was void because although the suit was framed under Section 148-A of the Bengal Tenancy Act, notice of the sale had not been served upon the co sharer landlords, who are the appellants before us, before the tenure was put up to sale, as directed by Section 158-B of the Bengal Tenancy Act.