The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the privy Council and Short Notes of Important Decisions of other High Courts in India Monday March 30 1931

We learn from a reliable source that the attention of their Lordships of the Judicial Committee was drawn to the consequences of the observations they had made in the above case whereby they had declared the case to fall under Art. [...] The real contest in the case was as to whether the Defendant Company had taken possession of the whole village or only of the actual workings and the attention of the Board was never directed to the difference between Arts. [...] The advent of that interest naturally marks out the stage in the execution proceeding up to which negotiations between the judgment-debtor and the decree-holder regarding payment of the decree are permissible. [...] As the sale cuts off the right of private negotiations between the judgmendebtor and the decree-holder regarding satisfaction of the decree and places the entire matter in the hands of the Court to be dealt with under the directions of the statute the Court has no power to set aside a valid sale otherwise than under the provsions of r. 89. [...] When the decree-holder's dues together with the compenstion for the purchaser are paid into Court within the time prescribed the sale must be set aside in spite of the "rights" of the purchaser.