High CourtsDivision Bench

Tara Prasad Mytee and Another vs Nund Kishore Giri and Others

Calcutta High Court · Decided on 16 March 1883 · Citation: (1883) ILR (Cal) 842

HON’BLE JUDGES
Prinsep, J · O''Kinealy, J
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Judgment

2 paragraphs · 152 words

Prinsep, J.—The main objection taken before us in this case is that the plaintiffs'' suit should be dismissed, because they have failed to produce the sale certificate on which they acquired their title. It has nowhere been denied, nor is it disputed before us, that the plaintiffs purchased in an execution sale the right, title and interest of the defendants, judgment-debtors, in the present case. We, therefore, think that this objection is untenable, and in this respect we agree with the judgment of a Division Bench of this Court in the case of Doorga Narain Sen v. Baney Madhub Mozoomdar ILR 7 Cal. 199 in which it was held that "the order affirming the sale would be sufficient to pass a title to the purchaser; and the certificate which might afterwards be obtained by him would be merely evidence that the property so passed."

2.

We therefore dismiss the appeal with costs.