1884 (3) TMI 1

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....Rayar for Rupees, 8,000 on the 9th April 1874. On the 14th August 1879 respondent, Pitchaikanni Marakayar, purchased it when it was put up to sale for arrear of abkari revenue due by Kuli Muttu. In original suit 44 of 1879 the appellant obtained a decree upon the hypothecation bond and attached the property in execution. The respondent, who was then in possession, opposed the attachment, and his o....

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....enue as defined by Section 4. The following sections go on to prescribe the procedure to be followed by the Collector in enforcing each of those remedies. The sections material to our present purpose are Section s 3, 37, 42 and 52. Section 3 declares that the land, the buildings upon it, and its products shall be regarded as the security of the public revenue. Section 37 reserves to persons claimi....

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....and re-sell the farm at the said renter's risk and loss: The question is--Has Section 42 been extended by Section 52 to sales for arrears of abkari revenue? We must certainly answer it in the negative. The expression, "In like manner as for the recovery of arrears of land revenue," indicates only that the same procedure is to be followed, and the language used in Section 52 is to the same effe....

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....n the land. With every respect for the learned Judges who have held otherwise, (See Collector of Moradabad v. Mahammad Daim Khan I.L.R. 2 All. 196, we hesitate to import into places outside the presidency towns the doctrine of the common law of England relating to Crown-debts with all its inconveniences to purchasers, but it is not necessary, for the purpose of this appeal, to consider whether deb....