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december 1952

Supreme Court of India · 1952-12-02

GUNENDRA NATH MITRA vs SATISH CHANDRA HUI AND OTHERS.

Citation / case number
SC 1951/36
Court
Supreme Court of India
Petitioner
GUNENDRA NATH MITRA
Respondent
SATISH CHANDRA HUI AND OTHERS.
Bench
MAHAJAN, MEHR CHAND

Judgment text excerpt

The Supreme Court ruled that under the Bengal Land Revenue Sales Act (XI of 1859), a Collector must first merge separate accounts of shares into one demand before issuing a notification for the sale of the entire estate as per Section 6. The Court held that a sale conducted without this procedure cannot be considered a sale of the entire estate, thus denying the purchaser the privileges under Section 37 of the Act. The notification's content is conclusive regarding the nature of the sale, affirming the separate nature of the shares sold.

GUNENDRA NATH MITRA vs SATISH CHANDRA HUI AND OTHERS. · Niyam