RADHA NATH KARMOKAR Vs. ADITYA PROSAD DASS

JUDGEMENT

(1.) An occupancy holding in the zamindary of the plaintiffs belonged to one Biswanath Dass. Biswanath sublet a portion of the same to defendants Nos. 1 and 2 and then sold the holding to a third party, who again sold the same to defendant No. 1, one of the under-tenants. The plaintiffs brought the suit on the allegation that the occupancy holding1 was not saleable by the custom of the locality and that they were entitled to possession.

(2.) The first Court dismissed the suit holding that the property was transferable and secondly that there had been no notice under Section 49 of the Bengal Tenancy Act.

(3.) The lower appellate Court has decreed the suit holding that the property was not transferable according to local custom and that no notice, under Section 49 of the Bengal Tenancy Act was necessary.