1951 (6) TMI 9

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..... 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 Ghose', , has held that the application mus .....

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..... 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 application was made under Section 37 A (8) of t .....

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..... : 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 original debt has been either extinguished, or overpaid. If a valid .....

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