MOHESH NARAIN ROY Vs. MAHARAJ BAHADUR SINGH

JUDGEMENT

(1.) This appeal arises out of a suit by a landlord to recover khas possession of the lands of certain jotes purchased by the defendants-appellants at a sale in execution of a mortgage- decree on the ground that occupancy-holdings are not transferable without the consent of the landlord. The Court of first instance decreed the suit and that decree was confirmed on appeal. The defendants have appealed to this Court.

(2.) It appears that the lands in suit, which constituted five different occupancy-holdings and stood in the names of several persons, belonged to one Protab Bag. The defendants took a mortgage of the jotes from Protab Bag in July 1895. The plaintiff-respondent, who is the landlord, took a mortgage of the jotes from Protab s mother, Jogeshdari, in March 1897. A rent suit was, however, brought against Protab as the tenant by the plaintiff and the decree was paid up by the defendant by depositing the decretal amount in Court and the same was withdrawn by the plaintiff. Subsequently, the defendants purchased the jotes at sales held in execution of a decree upon their mortgage.

(3.) The jotes being non-transferable occupancy-holdings, the defendants did not acquire a title to the lands by their purchase at the auction-sale unless their purchase was recognised by the plaintiff. The plaintiff, on the other hand, had money due to him under a mortgage of the jotes executed by Protab s mother, Jogeshdari, in his favour.