Supreme Court of India · 1965-09-23
NALINI DASI ALIAS NABANALINI DASSI vs KRITISH CHANDRA HAZRA AND OTHERS
- Citation / case number
- SC 1963/212
- Court
- Supreme Court of India
- Petitioner
- NALINI DASI ALIAS NABANALINI DASSI
- Respondent
- KRITISH CHANDRA HAZRA AND OTHERS
- Author
- GAJENDRAGADKAR, P.B. (),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAHC.,SIKRI, S.M.
- Bench
- GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAH, J.C.,SIKRI, S.M.
Judgment text excerpt
The Supreme Court held that under Section 37A of the Bengal Agricultural Debtors Act, 1936, once a sale is set aside, all alienees from the decree-holder, including bona fide purchasers, are liable to be ejected unless they fall under specific exceptions. The Court rejected the appellant's jurisdictional challenge regarding the value of the decree, emphasizing that the necessary prior sanction had been obtained. The High Court's restoration of the trial court's decree was upheld, affirming the respondents' right to regain possession of the property.