AI Structured Summary
Not yet generated for this judgment
Judgment
1 paragraphs · 122 words
1.
We are not at all prepared to say that the learned District Judge is wrong in the view which he has taken and expressed in this case; nor have we any materials placed before us upon which we could hold that there was a sale under sec. 165 of the Bengal Tenancy Act with power to avoid all encumbrances. But even if the sale was a sale of that description, it is clear that the encumbrance had not, as a matter of fact, been annulled in the only way in which according to the Act it could have been annulled, that is to say, by proceedings had under sec. 167. The appeal is dismissed, but, the Respondent not appearing, without costs.