AMBIKA CHARAN MONDAL Vs. RAM CHARAN PRAMANIK

JUDGEMENT

(1.) The plaintiffs purchased an occupancy holding belonging to one Kristo Das Bairagi in execution of a money-decree on the 20 July 1903, and obtained symbolical possession on the 8 December 1903 but when they went to take actual possession in 1311 they were resisted by the defendants. The defence was that the holding was not transferable according to local custom and, therefore, nothing-had passed to the plaintiffs, that only 4 annas of the holding belonging to Kristo Das could have passed and not the 8 annas belonging to plaintiff and 4 annas belonging to Narain and that the suit should be dismissed as Narain the owner of 4 annas was not a party. The Court of first instance held that the share of Kristo Das was only 4 annas, that occupancy holdings were not transferable in the locality and nothing passed to the plaintiffs and that the suit was bad for the non-joinder of the 4 annas co-sharer and dismissed the suit.

(2.) The learned Subordinate Judge, on appeal, has reversed the decree of the first Court holding that the question of transferability does not arise and the suit should not be dismissed for non-joinder and in the result decreed the suit to the extent of 4 annas belonging to Kristo Das with costs.

(3.) Defendant No. 1 appeals and on his behalf it is contended that the learned Subordinate Judge has erred on both points.