LAWS(PVC)-1930-6-47

CHHOTA MURARI MOHAN PANDA Vs. PROTAP NARAIN PANDA

Decided On June 05, 1930
CHHOTA MURARI MOHAN PANDA Appellant
V/S
PROTAP NARAIN PANDA Respondents

JUDGEMENT

(1.) The suit in which this appeal arises was brought by the plaintiff for declaration of his title to the ka schedule properties on the allegation that he had purchased a non transferable occupancy-holding in execution of a mortgage-decree against the original tenants. In the suit the plaintiff asked for a further declaration that he is entitled to a declaration of his title to an eight anna superior maliki interest in the lands of schedule ka and kha. There was also a prayer for an injunction restraining defendants 1 to 4 from executing the rent decree obtained by them in respect of the lands of schedules ka and kha. The defence in the suit was with regard to the first part of the claim that as the holding was a non-transferable occupancy- holding no right passed to the plaintiff by the sale held in execution of the mortgage decree. With regard to the second part of the claim the defence was that the landlord's interest was in the defendants and that defendant 5 who is said to be the vendor of the plaintiff, had no share in it. Both the defences prevailed in the Court of first instance with the result that the plaintiff's suit was dismissed.

(2.) On appeal the lower appellate Court has ultimately affirmed the decision of the Court of first instance. It is not necessary for the purpose of this appeal to narrate the history of the intermediate proceedings culminating in the final decision of the lower appellate Court which is now the subject-matter of the present appeal.

(3.) In second appeal by the plaintiff Mr. Brojolal Chakravarty has not seriously contested the finding of the Courts below with regard to the claim in respect of the superior maliki interest in the eight annas share in schedules ka and kha and consequently nothing need be said further with regard to this part of the claim.