1951 (6) TMI 9

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....er Section 37 A (8), Bengal Agricultural Debtors Act. 2. The applicant, now appellant, obtained an award in a case where it was held that the debt had been extinguished by long possession of the land given in usufructuary mortgage. The Munsif granted the application & set aside the sale. 3. The lower appellate Court has followed the decision in the case of 'Bonamali Pramanik v. Radhagobinda ....

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....y the receipt of the usufruct of the land. The latter case, which is a decision of the Division Bench explicitly over-rules the decision of Akram, J. Far from that case not having any application to the present case; it is sufficient to dispose of it completely without further argument. If in these circumstances the Board can make an award, then it follows inevitably that the Munsif, to whom the a....

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....Section 37 A is clearly ancillary to Sub-section (5). It begins: "For the purpose of an award made under Sub-section (5) (a) the debt shall be deemed....... " Thereafter it gives the method of calculating the debt, which method incidentally may obviously in certain cases lead to the debt being ascertained to be zero or a negative amount In other words, the calculation may show that the....