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PETITIONER: SRIMATI ORAMBA SUNDARI DASI
Vs.
RESPONDENT: SRI SRI ISWAR GOPAL JIEU.
DATE OF JUDGMENT: 12/03/1954
BENCH: HASAN, GHULAM BENCH: HASAN, GHULAM MAHAJAN, MEHAR CHAND (CJ) MUKHERJEA, B.K. DAS, SUDHI RANJAN BOSE, VIVIAN
CITATION: 1954 AIR 307 1954 SCR 982 CITATOR INFO : E&D 1960 SC 475 (9,12) R 1967 SC 829 (6) R 1974 SC 366 (58) RF 1981 SC 873 (18,27) R 1987 SC1802 (9)
ACT: Bengal Money-Lenders Act, 1940 (Bengal Act X of 1940), s. 36 Scope of-Court whether competent to make an enquiry that decree-holder on record is benamidar for another person.
HEADNOTE: Held, that in a proceeding under s. 36 of the Bengal Money- Lenders Act, 1940, it is not competent to the court to go behind the decree and embark on an enquiry as to whether the decree-holders on record were in fact benamidars for another person. Scope of s. 36 of the Act discussed. Renula v. Manmatha (72 I.A. 156) and Bank of Commerce Ltd. v. Amulya Krishna Basu Boy Chowdhury ([1944] F.C.R. 126) referred to.
JUDGMENT: CIVIL APPELLATE JURISDICTION: Civil Appeals Nos. 130 and 131 of 1951. Appeals from. the Judgment and Decrees, dated the 12th August, 1948, of the High Court of Judicature at Calcutta in Appeals from Original Decrees Nos. 214 of 1942 and 231 of 1943 arising from the Decrees, dated the 16th June, 1942, of the Court of the Subordinate Judge,...