SIB CHARAN DAS Vs. MANIK CHANDRA AGARWALLA AND ANR.

JUDGEMENT

(1.) THIS is an appeal from the judgment and decree of the Special Subordinate Judge, A. V. D., by which the order of the Sadar Munsiff, dated 31st July 1947, decreeing plaintiff's suit was reversed and plaintiff's suit dismissed.

(2.) THE suit was for a declaration that; the order of the Revenue Tribunal dated 27th April 1946 setting aside the sale of the land belonging to defendant 1 was illegal and without jurisdiction. The plaintiff it is alleged also prayed for khas possession of the land in suit.

(3.) THE land covered by patta No. 152 of Majgoan village stood in the name of Manik Chandra Agarwalla, defendant 1. The land was sold for recovery of arrears of land revenue for the year 1348 and 1349 B. S. on 29th November 1943. The plaintiff was the purchaser. The sale was confirmed on 11th May 1944, and the sale certificate was issued on 12th May 1944. On plaintiff's application for delivery of possession, the Additional Deputy Commissioner directed the Sub -Deputy Collecter on 19th May 1944 to deliver possession of the property to him. The possession was delivered on 4th November 1944. The patta in respect of the land stood in the name of Manik Chandra Agarwalla, defendant 1, In this patta he was shown as a minor with his mother as the guardian.