JANKI DASS Vs. RAM GOLAM SAHU
RAM GOLAM SAHU
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(1.) This is a suit to set aside a sale held in execution of a certificate issued by the Collector.
(2.) The plaintiff alleges that no notice under Section 10 of the Act was issued to him, that the proceedings connected with the sale were irregular, that the purchaser at the sale, the defendant No. 2, is a benamidar for the defendant No. 1, who, along with the defendant No. 3, was jointly liable with him (the plaintiff) for the debt for which the certificate was issued, and that, as the defendant No. 1 is the real purchaser of the property, he is bound in equity to reconvey to the plaintiff the plaintiff's share in it, which was sold. Both the lower Courts have decided that the suit was not maintainable, as the suit is not one to set aside the certificate, and as the certificate has become absolute, no steps having been taken to cancel it within the time prescribed by the law for the purpose. Hence, they held the sale cannot be set aside.
(3.) The plaintiff appeals. On his behalf it is contended (1) that the suit is maintainable, as it is alleged that no notice under Section 10 of the Act was served on the plaintiff, and that this question should have been enquired into; (2) that there were irregularities in the sale; and (3) that, if the defendant No. 2 is the benamidar of the defendant No. 1, the latter is bound to reconvey to the plaintiff.;
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