ABDUL WAHED AND ANOTHER Vs. ANSAR ALI AND ANOTHER

JUDGEMENT

(1.) THIS is a second appeal against the order of the learned District Judge of Tripura dated 25 -4 -1952 passed in civil appeal No. 29 of 1951 by which the appeal against the judgment and decree dated 16 -4 -1951 of the learned Subordinate Judge of Tripura in civil suit No. 14 of 1950 was confirmed.

(2.) THE facts giving rise to this appeal are that respondent No. 1 Ansar Ali owned 8 kanis 3 gandas 3 karas of land bearing Touzi No. 46 of village Shalgara, tahsil Kachari in Udaipur Subdivision and this land was sold under the Tripura Public Demands Recovery Act as there was default in payment of (revenue) rent. This safe took place on 10th Baishak 1350 T.E. in case No. 252 of 1349 T.E. and this sale was confirmed on 24th Asar 1350 T.E. The sale certificate was prepared in the name of the auction -purchaser, Sri Shyam Sankar Ghosh, and Sri Profulla Kumar Mazumdar on 6th Sravan 1350 T.E. Sri Profulla Kumar Mazumdar subsequently sold his share to Sri Birendra Bhattacharjee and Sri Shyama Sankar Ghosh and Sri Birendra Bhattacharjee sold this property to the present appellants by means of the kabala dated 26th Baishak 1353 T.E. - vide Ex. 1.

(3.) THE parties entered into evidence but the appeal has been pressed mainly on the above mentioned legal ground. The only question which arises for determination in this appeal is whether the order Ex. 11 dated 27th Agrahayan 1357 T.E. is valid and binding or is it a nullity and it had been passed by a Court which have absolutely no jurisdiction to pass it.