RAMON MOHAN ROY Vs. SHEIKH KALIMUDDI

JUDGEMENT

(1.) This second appeal arises out of a suit brought by the plaintiffs zemindars to eject the defendant, a purchaser of a portion of their ryot s holding which is not transferable by custom. The plaintiffs alleged that in December 1906, the original tenant, Tarini Prosad Bhaumik, had surrendered the portion in question to the landlord and that he sold this very portion to the defendant in February 1907. The defendants alleged that the zemindar had fixed rates of nazar by notification which on the rulings of this Court constituted a valid custom of transfer.

(2.) Both these points have been found against them on the facts in the lower Court and we need not deal with the defendants case of custom as that is the subject of appeals by defendants in other cases relating to the same zemindari but no cross-appeal has been filed in this suit.

(3.) The plaintiff falls back upon a kabuliat, executed in his favour by Tarini Prosad Bhaumik on the 10th December 1907, that is, eleven days before he filed this suit.