SAILESH CHANDRA BOSE Vs. UMESH CHANDRA RUDRA

JUDGEMENT

(1.) This appeal arises out of a suit for ejectment of the defendants from a portion of a rote under the following circumstances.

(2.) An occupancy holding belonged to one Jamir. The defendants NOS. 7 to 10 are the heirs of Jamir. They sold a portion of the holding to the defendants Nos. 1 and 2 on the 21st June 1907. The former (defend ants Nos. 7 to 10) then surrendered that portion of the holding which they had sold to defendants Nos. 1 and 2. This surrender was in favour of some of the landlords who bad a two-thirds share of the land lord s interest in the howla. It appears that the defendants Nos. 7 to 10 also put in a petition of surrender in respect of the share of the landlord owning a 1/3rd share in the howla but the latter did not accept the surrender. On the 19th October 1913 the plaintiffs who, are the respondents before ns, took a neemhowla lease from the landlords owning a 2/3rds share and they brought the suit for ejectment of the defendants Nos. 1 and 2 from the portion of the land which had been purchased by them.

(3.) The Courts below have given a decree for ejectment and the main grounds upon which they proceeded are; first, that the transfer to the defendants Nos. 1 and 2 having been made without the consent of the landlord, the latter was entitled to re-enter, and secondly, that there was a valid surrender of a portion of the occupancy holing even though the original tenant had sold that very portion to other persona.