AIR 1920 Calcutta 420 (2) ::(1920) 24 Cal WN(81) 399 ::1920 (24) Cal WN 399 ::(1920) 56 Ind Cas 390

Calcutta High Court

Hon'ble Judge(s): Woodroffe, Chatterjea , JJ

Civil P.C. (5 of 1908) , S.11— Auction-purchaser at revenue sale though not bound by but can take advantage of any decree between tenant and ex-proprietor. The purchaser of an estate at a revenue sale is not bound by the act of the ex-proprietor. He gets the estate as it stood at the time of the permanent settlement. But it is open to the purchaser, if he wishes to accept a previous decision between ex-proprietor and his tenants as binding on himself and take advantage of it. If he does so, the tenants cannot object, because the purchaser is not in any worse position than the ex-proprietor and may elect to take advantage of the decree obtained by the latter, although the decree is not res judicata as between the purchaser and the tenants.