- (1.) THIS is a rule under section 115 of the Procedure Code obtained by birendra Nath Bose and Badhisatta Bose, father and son, whose application dated November 27, 1963, under Order 21, rules 89 and 92, padded by other sections as well : sections 47 and 151, for setting aside a court-sale held on november 14, 1962, fails before the munsiff, and, on appeal, before the subordinate judge too.
(2.) SO it fails, on a single preliminary point : that the deposit required to be made, and made in fact, under order 21, rule 89, has not been an unconditional one, and cannot, therefore, have the sale set aside.
(3.) THE sale proclamation was served on October 3, 1962, in execution of what is called a charge decree by the corporation of Calcutta against Ashraf hussain, Md. Ashem for arrears of rates as respects the premises at 24 karaya Road, Calcutta, with an area of 3 cottahs and 14 chhataks of land. In the sale, so proclaimed, and held on november 14, 1962, a property as that in the heart of the town of Calcutta, valued by the decree-holder corporation at Rs. 10,000 in the execution petition and the sale proclamation, was knocked down to the only bidders, arif Ismail Mulla and Mirja Hamid hossain Beg, for Rs. 3,000.;