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PETITIONER: GUNENDRA NATH MITRA
Vs.
RESPONDENT: SATISH CHANDRA HUI AND OTHERS.
DATE OF JUDGMENT: 02/12/1952
BENCH: MAHAJAN, MEHR CHAND BENCH: MAHAJAN, MEHR CHAND DAS, SUDHI RANJAN BHAGWATI, NATWARLAL H.
CITATION: 1953 AIR 42 1953 SCR 277
ACT: Bengal Land Revenue Sales Act (XI of 1859), ss. 6,13,14,37 Estate consisting of separate shares-Sale of all the shares for arrears due from each-Whether sale of entire estate-Purchaser’s right to annul under-tenures-Form of notification of sale, importance of.
HEADNOTE: Under the Bengal Land Revenue Sales Act (XI of 1859) if this Collector proposes to sell the entire estate where there art separate accounts for the several shares which constitute the estate, he has first to close the separate account or accounts or merge them into one demand and then he has to issue a notification for the sale of the entire estate under s. 6 of the Act and it is only when the Collector has followed this procedure that he would have authority to bring to sale the entire estate. Where a touzi was held in two shares in respect of which separate accounts were kept in the Collector’s records and, as the shares were in arrears a notification was issued putting up for sale the two separate units of the estate and showing the separate items of arrears due from each unit, and both the shares were sold: H...