NANDARANI DASSI Vs. BADIBALA DEBI

JUDGEMENT

(1.) THIS is an appeal under Clause 15 of the Letters patent from the judgment of our learned brother Bijayesh Mukherji, J.

(2.) THE appeal is by the defendant and it arises out of a suit for recovery of possession. Shortly stated, the relevant facts lie within a short compass and are as follows :

(3.) THE defendant appellant claims to be a purchaser from an under-raiyat the plaintiff respondent seeks to evict her primarily on the ground that her purchase or transfer was without the plaintiff's consent and, accordingly, did not confer any title on the defendant (vide Section 48 of the Bengal Tenancy Act ).