Munshi Mahomed Ali Mia vs Srimati Kiberia Khatun on 6 January, 1911
In -- 'Mahomed Ali v. Kiberia Khatun', 9 Ind Cas 66 (Cal), a Bench of the Calcutta High Court held that where the sale price was not paid at all, the sale could not be treated to be a sale under the Code. They therefore decreed the suit against the auction purchaser. It is enough to say that this case is in direct conflict with the cases of -- 'Ashutosh Sikdar', (35 Cal 61 FB) and -- 'Ganapathy Mudaliar', (45 Ind App 54 PC), which we have mentioned above. It further appears that the learned Judges were not very sure of what they were deciding, for they made the following observations at the end of their judgment.