Law: Bengal Agricultural Debtors Act (VII of 1936)

Section:

(On appeal from the judgment and decree of the High Court of East Pakistan, Dacca, dated the 28th January 1960, in Appeal No. 590 of 1951).   Bengal Agricultural Debtors Act (VII of 1936), S. 37-A read with S. 40 (6)-Scope of finality of award of Debt Settlement Board-Award final with respect to question whether conditions prescribed by S. 37-A for Board to assume jurisdiction have been fulfilled as also with respect to existence of such conditions-Act does not give finality to "any and every question raised in dispute" Such question may validly be raised in Civil Court by suit Auction-purchaser in execution sale not bound by decision of Board-Civil suit by auction purchaser competent-Jurisdiction Ouster of Civil Court's jurisdiction not to be readily inferred Question of finality of decisions of inferior Tribunals to be determined from language of relevant statute-[Collector of South Arcot v. Mask & Company 67 I A 222 ; Queen v. The Commis sioners for Special Purposes of the Income-tax L R 21 Q B D 313 and Tara Prasanna Choudhury and others v. Adwaita Charan Samanta and another A I R 1948 Cal. 329 ref.]   Evidence Act (I of 1871), S. 74 read with S. 65-Notice issued by Debt Settlement Board under S. 37-A, Bengal Agricultural Debtors Act (VII of 1936)-Public document-May be proved by production of certified copy.   Civil Procedure Code (V of 1908), S. 100-Second appeal Concurrent findings of fact by Courts below-High Court has no jurisdiction to reverse by going into question of weight to be attached to particular item of evidence.   Specific Relief Act (I of 1877), S. 41-Plaintiff out of possession-Relief repossession not asked in plaint-Plaintiff allowed to amend plaint at stage of appeal in Supreme Court in circumstances of case though suit for possession had become barred in meantime-Civil Procedure Code (V of 1908), O. VI, r. 17 Amendment of pleadings-Nature of suit not altered by addition of prayer for possession-[Md. Zahoor Ali Khan v. Mst. Thakooranee Rutta Koer 11 M I A 468 and Charan Das and others v. Amir Khan and others A I R 1921 P C 50 rel.]   JUDGMENT   HAMOODUR RAHMAN, J.--This appeal, by special…