BASDEO SINGH Vs. BINODE BEHARI GHOSAL

JUDGEMENT

(1.) THIS is an appeal by the defendants in a suit for khas possession on declaration of title.

(2.) THE facts relevant for the purpose of this appeal are as follows: -One Rashiklal Ghosh was an occupancy raiyat under his landlord, Sushital Kumar Ghosh. After the death of Rashiklal his two sons, Santosh Kumar Ghoshal and Atal Behari Ghoshal jointly inherited the disputed holding. They defaulted in payment of rent as a result of which their landlord brought a rent suit against them, being Title Suit No. 150 of 1954 of the Second Court of the Munsiff, Sealdah. In execution of the decree obtained in that suit the disputed holding was put up to sale, and it was purchased by the plaintiff on April 21, 1955. The plaintiff obtained delivery of possession through the Court on July 12, 1955. Thereafter on December 14, 1955the plaintiff started a proceeding under section 167 of the Bengal Tenancy Act for annulling the in cumbrance, alleging that one Mahadeb Ahir was claiming korfa tenancy in respect of the disputed land under the judgment-debtors, Santos hand Atal. The plaintiff alleged that notice of the said proceeding was duly served upon the said Mahadeb Ahir and his korfa tenancy was duly annulled. The plaintiff instituted the suit out of which thus appeal arises on July 26, 1958 alleging that he had been dispossessed by the defendants in March, 1956.

(3.) THE defendants resisted the suit on various grounds with which we are not concerned in the present appeal. The defendants claimed that they were in possession of the said land by virtue of their purchase from Mahadeb Ahir on the 27th of February, 1966. The defendants further alleged that the rent sale was collusive and they also denied the service of notice under section 167 of the Bengal Tenancy Act.