- (1.) This appeal is against the decision of the learned District Judge, Bankura, confirming a judgment and decree of the trial court, in a suit by some aboriginals for a declaration that the auction sale held in Rent Execution Case No. 423 of 1933 of the Third Munsif's Court, Bankura, was null and void. The ground that was urged by the Plaintiffs for the declaration was that the executing court did not observe the provision of Section 49L of the Bengal Tenancy Act. Section 49L provides that- If the sale of a tenure or holding, or any portion thereof, is ordered in execution of a decree against an aboriginal tenure-holder; raiyat or under-raiyat in respect of such tenancy or portion thereof, the Court executing the decree shall allow the tenant reasonable time in which to pay the amount due.
(2.) Both the courts came to the conclusion that reasonable time had not been given by the executing court and so the provisions of Section 49 L were contravened.
(3.) The question then arises whether the sale was a nullity in consequence of this contravention. The mere fact that a statutory provision has been contravened does not produce the consequence that the sale was null and void.;