SURENDRA NATH ROY Vs. KRISHNA SAKHI DASI

JUDGEMENT

(1.) This is an appeal in a suit brought by the plaintiffs-appellants to eject the principal defendant as being a tenant-at-will in respect of a durjote under the superior jote interest purchased by the plaintiffs from three brothers. The Munsif decreed the suit. On appeal, the Subordinate Judge has reversed that decision, and the plaintiffs appeal.

(2.) It is urged, first, that the notice to quit was a good notice in point of law, and, secondly, that the conveyance to the plaintiffs binds all the vendors (including Bejoy Gobinda), and the defendant, by way of estoppel.

(3.) The central fact upon which the case turns is that Bejoy was a minor, under the age of twenty-one years, at the time when he executed the conveyance. He was then over eighteen, but his period of minority had been extended by reason of a certificate of guardianship having been taken under the provisions of Act VIII of 1890. Bejoy is not a party to this litigation, but he has deposed in plaintiff s favour and has rati fled and acquiesced in the conveyance to them of his one-third share in the jote.