SAFEDALI FAKIR Vs. RADHARANI DEB

JUDGEMENT

(1.) This appeal by the defendant is directed against a judgment of Mookerji J. dated 14th June, 1950 passed in 'S. A. No. 300 of 1947'.

(2.) The facts are not in controversy and may be stated as follows.

(3.) An occupany holding, which is the disputed property, was held by one Maneswari Dasi under the landlords, Parijat Charitable Trust Estate, represented by the receiver Raja Raj Kissen Deb Bahadur. The latter instituted a suit for recovery of rent, being Rent Suit No. 659 of 1943 against Maneswari Dasi in the First Court of the Munsif at Diamond Harbour. The suit was duly framed under the provisions of Section 148A of the Bengal Tenancy Act (hereinafter called the Act). During the pendency of the suit for rent, on 19-6-43 Maneswari Dassi sold the whole of the occupancy holding to Bireswar Deb Sarkar, husband of the plaintiff Radharani Deb Sarkar. Notice of the transfer of the occupancy holding under Section 26C of the Act was served on 12-12-1944.