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TMI Blog1908 (4) TMI 5X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 place. This is a second appeal, and we must accept ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 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 the March kist, the last day for the payment of whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 to about Rs. 9 so that the amount sent was substant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sections do not apply, what law does apply. There is nothing specific on the subject in Act XI of 1859. If secs. 59 and 60 of the Contract Act do not apply, we must fall back upon the general law and practically that law is embodied in these sections. 3. For these reasons, I think the appeal must succeed and the sale must be set aside. 4. The Plaintiffs are entitled to their costs in all the Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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