BROJENDRA KUMAR ROY CHOUDHURI Vs. ASUTOSH ROY

JUDGEMENT

(1.) This appeal arises out of a suit for recovery of possession of the lands in dispute on the ground that they formed part of a tenure which was granted in; 1837 to one Hossein-ud-din Choudhuri, the predecessor-in-interest of the defendants.

(2.) It is alleged by the plaintiffs that a suit, for rent in respect of the tenure was brought against the heirs of Hossein-ud-din, and in execution of that decree the tenure was sold and purchased by the plaintiffs on the 12 July 1902. The sale was confirmed 12 the "13th August 1902. The plaintiffs obtained possesion on the 12 January 1934. The plaint is say that they continued in possession and were dispossessed in 1914. They then brought a suit in the Munsif's Court on the n July, 1914. That Court held that the suit was not cognisable by that Court, and accordingly returned the plaint. The plaint thereupon was filed in the Court of the Subordinate Judge against the original defendants on the 15 June 1915. The defendants Nos. 7 to 20 were added as party defendants on the 27 March 1916.

(3.) The defence was that there was no tenancy created, in 1837 in favour of the defendant, that there was a salfe of a portion of. the proprietary interest, but that the transferee was to pay his share of the Government revenue payable with respect to that portion through the transferor,1 so long as mutation did not take place, and that that being. so, the Munsifs, Court which held the sale in execution of the rent-decree had no Jurisdiction to pass the decree or hold the sale, as the suit was one cognisable by the Small Cause Court.