(1.) This is a second appeal from the Judgment of the Additional Subordinate judge, Hooghly, delivered on the 4th January, 1958. The dispute relates to about 6.89 acres of land under khatian No. 238 in Mouza Chowtara, P.S. Dhaniakhali in the district of Hooghly. One Bholanath Jana was a tenant in respect of this land under Satis Giri, the Mohunt of the Hrishikesh Asram of Tarakeswar. On the 22nd December, 1932 Bholanath sold some portions of this land to the defendants Nos. 7 and 8. The defendants Nos. 3 to 6 are the heirs of Bholanath and the defendant No. 1 is the present landlord.
(2.) In 1937, the landlord filed a rent suit against the defendants Nos. 3 to 8. This was Rent Suit No. 999 of 1937. The suit was decreed on February 2, 1938. Before this decree was put into execution, the plaintiff purchased the suit plots from the defendants Nos. 7 and 8 with notice to the landlord. The date of plaintiff's purchase is , the 19th December, 1938.
(3.) Thereafter on the 12th March, 1941 in the Rent Execution Case No. 763 of 1940 the suit lands were put to sale by auction. In this sale the defendant No. 1 became the auction-purchaser.