The Calcutta Law Journal. Reports. 1933

fication in the sale certificate granted under section 28 of Act XI of 1859 in the form prescribed by the Act shows that the estate sold was an entire estate the mere fact of a portion of the lands of the estate being joint with those of certain other estates cannot stand in the way of its being an entire estate within the meaning of section 37 of the Act. [...] During the pendency of the suit the Patni of the plaintiffs defaulted in the payment of its rents and in cosequence thereof it was sold under the Patni Regulation on the ist Jaistha T335 and purchased by the defendant No. [...] There is no indication of any collusion between the proprietors either with the patnidar or with the durpatnidars in the matter of the bringing about of the sale and the sale does not appear to be any thing.else than an ordinary incident brought about by the failure on the part of the patnidar who had undertaken the liability to put in the revenue and omitted to do so and such omission again h [...] It is quite true that by reason of the fact that the plaintiffs' putni was sold up subsequently to the institution of the suit the plaintiffs at the date of the decision of the Court below were not entitled to obtain Khas possession. [...] But as by the institution of the said other suit the under-tenures were annulled the relationship of landlord and tenant between the parties in the present suit was affected and all of them became trespassers liable jointly for mesr.e profits to the plaintiffs in the other suit.