AGARJAN BIBI Vs. PANAULLA

JUDGEMENT

(1.) The plaintiff-respondents have brought this suit for the joint possession of land.

(2.) It has been found by the lower Appellate Court that this land was the raiyati jote of two brothers, Jamal and Kamal, who were entitled to the same in equal moieties. Jamal purported to transfer his 8 annas share to the plaintiffs. Defendants 1 to 4 on Kamal's death succeeded to his eight annas, and they contest the plaintiff's claim to joint possession on the ground that the raiyati jote is not transferable. The lower Appellate Court, in reversal of the Court of first instance, Bas passed a decree in the plaintiff's favour for "possession m their purchased eight annas share in the disputed land," holding that the defendants 1 to 4 had no right to plead the non-transfer-ability of the holding.

(3.) From this decree the defendants 1 to 4 have appealed, and the only point is whether it is open to them to question the validity of the plaintiff's transfer.