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TMI Blog1887 (2) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... ulation to be similarly published was not stuck up at the plaintiff's katcheri at Amerpore or anywhere else in Amerpore, which is the putni taluk in question. Service of that notice was effected on Radbabullub, the plaintiff's nephew and co-sharer in the taluk, at her katcheri in Mahanad, about nine miles from Amerpore. The plaintiff's Mahanad katcheri is in the same house with that of Radbabullub. It has been strongly urged at the Bar that this service must be taken to be service on the plaintiff herself; but their Lordships do not think it necessary to decide this matter, which, for the purposes of the judgment, they will assume in favour of the zemindar. Would such a service relieve him from giving notice on the lands at Amer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any tenure. And immediately afterwards, occurs the statement that it has been deemed indispensable to fix the process by which the said tenures are to be brought to sale. The object of directing local publication of notices is to warn the under-lessees of the contemplated proceedings which may result in sweeping away their property, and also to act as advertisements to persons who may bid at the sale. 6. Both these objects might, and in many cases would, be frustrated if it were sufficient to publish notice at any katcheri which the putnidar may happen to possess, however distant it may be, or to serve it personally on the putnidar. 7. Moreover the notice in question is described as the notice required to be sent into the mofussil. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... BegumKowar Ram Chunder S.D.A. Rcp. (1849) 371 the prescribed formalities had not been observed by the zemindar, and the sale by him was set aside. But in the course of their judgment the Sadar Dewanny Adawlut expressed an opinion that the katcheri of the defaulter may be any katcheri in which the collections of the tenure are made. Their Lordships, however, observe that the learned Judges do not cite the words of the Regulation correctly. They appear to mix up the sentence which relates to the mode of publication with the next one, which relates to the evidence of it,--two very distinct things. Moreover they rely on the presence of the comma placed after the word katcheri. Even if the punctuation were of the importance ascribed to it, it s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The only case cited which is directly in favour of the contention in this case is that of Gouree Lall v. Joodhisteer Hajrah I.C. 359 : 5 W.R. 141, where it was decided that the Regulation was satisfied by service of notice at the house of the defaulter. But the authority of that decision is undermined by its being rested mainly on the case of Sona Beebee v. Lall Chand Chowdhry 9 W.R. 242, and the recognition of that case by this Committee in Ram Sabuk Bose v. Monmohini Dossee 2 I.A. 71 (77) : 14 B.L.R. 394. The same case has been again recognized by this Committee in Maharajah of Burdwan v. Tarasoondari Debia 6 I.A. 19 : 9 C. 619, but it is no authority for the proposition for which it is cited. It has been above pointed out, that the for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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