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Keshab Chandra Choudhary vs Lokenath Jena And Ors. on 3 November, 1950

A recent Calcutta decision reported in Menajuddin v. Heronuddin Mullick, 225 I. C. 575 : (A. I. R. (34) 1947 Cal. 137) is also helpful in the present dissuasion. There the superior landlord instituted a rent suit against the recorded tenure holders and obtained his decree and in execution of the same put the tenure to sale. But prior to the rent sale the tenure was purchased in execution of a mortgage decree by a third party. The main question canvassed in that case was whether the rent sale affected the rights of the purchaser in execution of the mortgage decree who was not made a party in that sale. The Court held that the purchaser's right was not affected. But one of the arguments advanced was that the landlord could not make the purchaser in execution of the mortgage decree a party because he was not aware of that purchase. Mukherji J. deals with this question as follows:
Orissa High Court Cites 46 - Cited by 2 - Full Document
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