TMI Blog1872 (3) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... . The Appellant and the Respondent had each, it must be assumed, a good claim against the estate of the deceased, Gourpershad. The Respondent had obtained a decree according to the practice then existing in the Civil Court in the lifetime of Gourpershad. The Appellant, pursuing his remedy for rent under Act, No. X of 1859, in the Collector's Court, had obtained a Decree for the arrears of rent in respect of which he sued against Chooharoo Kooer, as the Widow of Gourpershad and the Guardian of her infant Son Hurpershad. It was a suit brought against those who were supposed to be the representatives of the Debtor, Gourpershad. In that suit the case set up by the Defendants was, that the infant was not the heir of his Father; that he had b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arrears of revenue, and not proceeding under the Civil Code Act, No. VIII of 1859, that some of the confusion and difficulties which have taken place in this case have arisen. However that may be, the estates in question were sold under the Collector's Order, and purchased by the judgment Creditor. That took place in November, 1867. In the meantime certain proceedings had taken place in the suit of the Respondent. The Respondent had originally applied for execution of his Decree obtained in the lifetime of Gourpershad against the Widow and the infant Son. He was met by the same allegation that had been made in the Appellant's suit, that Hurpersad had no interest in his Father's estate, and a miscellaneous Order was made, which h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ularity in the mode in which that Decree has been prosecuted, the estates have been regularly sold, and that the suit of the Respondent, seeking to set aside the Order for sale and to get the benefit of his own execution as against Hurpersad as the heir of his Father, must fail. 3. Their Lordships are of opinion, that no case has been made upon which they can say, that there has been that irregularity in the proceedings before the Collector and the sale which took place which would justify them in setting aside the sale, and upon that point they must differ from the Judges of the High Court. The proceedings took place under Act, No. XI of 1859, and that Act appears to contemplate that the estate should be put up for sale, and that the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... age in the judgment of the High Court appears to attribute to it. But without going into that, it seems sufficient to their Lordships for the determination of this appeal to say, that there was in their judgment no substantial irregularity in the sale before the Collector, and that, therefore, that as between the Appellant and Respondent, the Appellant is entitled to and cannot be deprived of the benefit which has resulted to him from his greater diligence in enforcing his demand. 4. Their Lordships also desire to add, that they are unable to see any substantial distinction between this case and that of Johan Chunder Mitter v. Buksh Ali Soudagur (a). They entirely agree in the principles expressed by Chief Justice Peacock in that case, a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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