SASTI CHARAN CHAKERBUTTY Vs. AKUBJAN BIBI

JUDGEMENT

(1.) This appeal arises out of a suit for khas possession of a holding which the plaintiff purchased at a sale held in execution of a decree for arrears of rent obtained by the landlords against the defendants Nos. 1 to 14.

(2.) It appears that the defendants Nos. 1 to 14 held an occupancy holding under the defondants Nos. 15, 16 and their co-sharers. The defendants Nos. 15 and 16 had an 8 annas share in the landlord's interest. They brought a suit for rent against the tenants in respect of their 8-annas share for the years 1314 to 1317 B.S., obtained a decree and in execution of that decree put up to sale only an 8-annas share of the holding, and it was purchased by the defendant No. 25 on the 30 July 1912. She obtained a certificate of sale on the 28th September 1912 and has been in possession of the 8-annas share since then.

(3.) Some of the landlords other than defendants NOS. 15 and 16 then brought a suit for the entire rent of the whole occupancy holding for the years 1316 to 1319 against the original tenants Nos. 1 to 14, making the defendants Nos. 15, 16 and other co-sharers parties to the suit. The suit was decreed ex parte on the 12 March 1913. In execution of the decree, the entire occupancy holding was put up to sale under Section 163 of the Bengal Tenancy Act and was purchased by the plaintiff on the 26 March 1915. The plaintiff not having obtained actual possession, brought the suit out of which this appeal arises, for recovery of possession on declaration of his title by purchase at the rent sale.