Law:

Section:

Bengal Agricultural Debtors Act (VII of 1936), Ss. 8 & 18¬Board in limine rejecting application under S. 8 holding that transaction involved was not a debt Civil Court's jurisdiction not ousted. Where two persons S and H were parties to do current which H the recipient of the document claimed to be a 'sale out and out and S the executants claimed it to be a mortgage by conditional sale. S applied before the Debt Settlement Board under the Bengal Agricultural Debtors Act, 1936 treating the transaction as a mortgage by conditional sale and alleged that the debt had been wiped out by enjoyment of the usufruct of the mortgaged property. H maintained that the transaction was not a debt but a sale out and out. The Board was satisfied to that effect and accordingly, found that there was 'no debt and so rejected the application. S thereupon brought a suit in the Civil Court for redemption of his land. H contested the suit and argued that in view of the order of the Board dismissing the application of S on finding that it was not a debt, the Civil Court had no jurisdiction to question that finding of the Board. Held, the existence of a debt being a sine qua non for the assumption of jurisdiction by the Board, the Board had no other alternative but to reject the application and this decision of the Board did not oust the jurisdiction of the Civil Court to decide the suit. Haji Moharam Ali v. Munsar Ali (1950) 2 D L R 310 rel. Chunu Bhuiya alias Chuni Bhuiya v. Ismail Bhuiya and others, on the death of Hadi Bhuiya P L D 1952 Dacca 108 ; Fuljan Bibi and others v. Debendra Nath Kar and another (1951) 3 D L R 38 ; Yakub Ali and another v. Arabjan Bibi and others P L D 1954 Dacca 113 ; Abdul Gafur Shek and others v. Nakul Chandra Pramanik 6 P L R Dac. 52 ; Abdul Jalil (Mistri) v. Golam Rahman 6 P L R Dacca 650 ; Rai Brij Raj Krishna and another v. Messrs S. K. Shaw & Bros. A I R 1951 S C 115 ; Ebrahim Aboobakar and another v. Custodian General of Evacuee Property A I R. 1952 S C 319 and The Queen v. The Commissioners for Special Purposes of the Income tax (1833) 21 Q B D 313 (319) held not applicable. THIS JUDGMENT DELIVERED BY: CHAKRABORTI, J. The defendant is the…

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