GUNENDRA NATH MITRA versus SATISH CHANDRA HUI AND OTHERS

GUNENDRA NATH MITRA versus SATISH CHANDRA HUI AND OTHERS

The sale was of two separate shares with separate arrears, notified as such and not as an entire estate; thus the purchaser did not acquire rights to annul under-tenures under section 37 of Bengal Land Revenue Sales Act, 1859, since the entire estate was not sold and corresponding procedural requirements were not met.

Parties
Appellant: Gunendra Nath Mitra; Respondent No. 1: Satish Chandra Hui; Respondents Nos. 2(b) and 15: Arun Kumar Dutta
Jurisdiction
India
Judgment Date
02 December 1952
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Decree
Outcome
Appeal dismissed
Legal Topics
Bengal Land Revenue Sales Act, Sale of Estate Shares, Purchaser's Right to Annul Under Tenures, Form and Importance of Notification of Sale
Property Law Revenue Law Bengal Land Revenue Sales Act Sale of Estate Shares Purchaser's Right to Annul Under Tenures Form and Importance of Notification of Sale

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Gunendra Nath Mitra

Appellant

Satish Chandra Hui

Respondent No. 1

Arun Kumar Dutta

Respondents Nos. 2(b) and 15

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Decree

Legal Issues

  1. 1 Whether sale of all separate shares for arrears constitutes sale of entire estate under the Bengal Land Revenue Sales Act (XI of 1859)
  2. 2 Whether purchaser acquires right to annul under-tenures under section 37
  3. 3 Effect and authority of sale notification under section 6

Ratio Decidendi

The sale was of two separate shares with separate arrears, notified as such and not as an entire estate; thus the purchaser did not acquire rights to annul under-tenures under section 37 of Bengal Land Revenue Sales Act, 1859, since the entire estate was not sold and corresponding procedural requirements were not met.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs.