MATHURA MANDAL Vs. GANGA CHARAN GOPE

JUDGEMENT

(1.) This appeal arises out of a suit brought by "certain landlords to eject the defendants from an area of 6 1/2 pakhis of land. This land was formerly in the occupation of one Nidra Bewa. The plaintiffs allege that she has abandoned the land and seek to re-enter on it. The defendants allege that Nidra Bewa sold the land to them 22 years ago, that they have been in occupation of it ever since, and that they have paid the rent since then, though it was received in the name of Nidra Bewa.

(2.) The Lower Appellate Court has given the plnintiffs a decree. The Subordinate Judge has held that the land was a non-transferable occupancy holding, and that consequently Nidra Bewa's sale of the land to the defendants has given the latter no right to resist the plaintiff's suit for ejectment.

(3.) The defendants appeal. On their behalf it has been contended (1) that the mere abandonment of the land by Nidra. Bewa gives the plaintiffs no right to re-enter; (2) that the defendants are Nidra Bewa's next reversioners, and that consequently Nidra Bewa's abandonment of the land in their favour opens out the succession to them and so the plaintiffs cannot eject them; (3) that when the plaintiff sold the land in execution of a decree obtained against Nidra Bewa, one of the defendants, Nadiar Chand, was allowed to pay in the decretal amount and set aside the sale; (4) that the judgment in the case against Nidra Bewa should not have been used in evidence; (5) that the land is a kaimi tenure; (6) that the ruling relied on by the Subordinate Judge, viz., Bani Das V/s. Jagdip Narain Chowdhry (1896) I.L.R. 21 Calc. 152 has been overruled and (7) that the defendants are entitled to the benefit of the presumption arising under Section 50 of the Bengal Tenancy Act.