1908 (4) TMI 5

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....arti for the Appellants in No. 1393, Babus Jogesh Chandra Roy, Ratan Chand Boral and Surendra Nath Guha for the Appellants in No. 1683 For the Respondents : Babu Nilmadhub Bose and Dr. Preo Nath Sen for the Respondents in both appeals JUDGMENT Maclean, C.J. 1. The only question in this case is whether there were any arrears of revenue due, which would justify the sale which has taken p....

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....Judge in the Court below finds that that notification was issued--the arrear was a very petty sum of Rs. 1-6-11 p.--some two or three days before the 28th of March. The present Appellants, the Plaintiffs, who are seeking to set aside the sale, remitted a sum of Rs. 3.7 as. to the Collector, and the Collector received it on the 28th March. He appropriated that sum of Rs. 3.7 as, to the payment of t....

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....ess they pay the arrears on or before the 28th of March, the property would be sold, the fact that they paid it so that it was received on that day, and with the object of its being received on that day, implies that the Plaintiffs intended the payment to be treated as made in respect of the January kist. No intention or notice had been given to them about the March kist. The March kist amounted t....