Ganendra Narayan Roy, J. - (1.) This appeal arises at the instance of the defendants out of the judgment and decree passed by Additional Subordinate Judge, Balurghat in O.C. Appeal No. 33 of 1962 affirming the judgment and decree passed by the learned Munsif, Balurghat in O.C. Suit No. 178 of 1960.
(2.) The plaintiffs respondents instituted the said O.C. Suit No. 178 of 1960 for a declaration that the award made by the Debt Settlement Board at Tapan in Case No. 54/6 of 1943 under section 37A of the Bengal Agricultural Debtors Act was void and inoperative. There was further prayer for declaration of plaintiffs title to the suit properties and for recovery of possession thereof if it was found by the Court that symbolic possession had been taken by the defendants and such symbolic possession had amounted to dispossession of the plaintiffs. There was also prayer for permanent injunction restraining the defendants from realising rents from the tenants to the extent of 10 annas 8 pies share. The facts of the case may be stated in short as follows:-
(3.) The putni rents in respect of touzi No. 894 of Dinajpur Collectorate fell in arrears as a result of which there was a Rent Suit, being Rent Suit No. 1 of 1938 of the Court of the learned Subordinate Judge, Dinajpur, The said suit was decreed and the decree was put into execution in Rent Execution case No. 111 of 1936. The properties in question were auction purchased by the decree-holder on 9-2-1937 and delivery of possession thereof was also obtained by the said decree-holder through Court. The Touzi was thereafter sold at a Revenue sale in Case No. 16/19 of 1938-39 and was auction purchased by Meghraj Sarda at a Revenue sate which took effect on June 29, 1938. Thereafter Meghraj sold the properties sold the plaintiffs by registered kobala dated 21st July, 1939 and the plaintiffs, came in possession thereof. Sometime thereafter the defendants applied to the Debt Settlement Board, Tapan under section 37A of the Bengal Agricultural Debtors Act in Case No. 54/6 of 1943 of that court. The said Board gave an award and on the basis of the said award the sale held in the aforesaid Rent Execution Case was set aside by the Court of the Subordinate Judge, Dinajpur. The defendants thereupon obtained possession of 8 annas 8 pies which was of the putni interest in respect of the touzi in question through Court on 21st January, 1950. The plaintiffs contended that the said award by the Tapan Debt Settlement Board was void and inoperative and as aforesaid the said suit was instituted for the aforesaid declaration and for permanent injunction.;