BAHAR MAHMUD BEPARI Vs. SADER MAHMUD MONDAL

JUDGEMENT

(1.) The facts which are important for the decision of this appeal are as follows: The holdings in suit belonged in 1310 to Raja Sundari and Sasi Mohan Saha. Sasi Mohan Saha with certain other persons purported to transfer them in that year to the Vitarbandh Zemindars to meet a claim made on them as sureties for one Behari Lal Mukhtar. It is found by both Courts that this was not a surrender but a transfer. Raja Sundari sold her interest to certain persons who sold it to the plaintiffs in 1312. The plaintiffs, however, were unable to get undisputed possession and hence have brought this suit. The defendant claims the holding as a tenant with whom the Vitarbandh Zemindars settled the lands after they had obtained the transfer from Sasi Mohan Saha and others.

(2.) The Munsif gave the plaintiff a decree for the 3rd and 4th holdings but not for the 1st and 2nd. The learned District Judge dismissed the suit with respect to all the holdings. The plaintiff appeals with respect to all. The only point for decision is whether the question of transferability arises.

(3.) As regards the 1st and 2nd holdings I think that plaintiffs have no case. The holdings were not transferable without the landlord s consent and the defendant is a tenant settled in the land by the landlord and undoubtedly entitled to take this plea.