BAIKANTA NATH GHOSE Vs. BHUBAN CHANDRA MAHAPATRA

JUDGEMENT

(1.) This is an appeal by the plaintiff against the judgment of the learned Additional District Judge of Midnapur.

(2.) The point which arises on this appeal may he stated in the words of the learned District Judge at the beginning of his judgment, whether the landlord's claim for khas possession of the lands of a non-transferable occupancy holding is debarred by his having recognized a private purchase and he is estopped from suing for khas possession.

(3.) The learned vakil for the appellant has drawn our attention to several oases in which the Court had to deal with a dakhila granted to a transferee of a non-transferable occupancy holding as marfatdar of the original tenant : and, the learned vakil contended that the principle of those cases should be applied to this case and the appeal should be allowed.