BENI RAI Vs. NATABAR SIRKAR

JUDGEMENT

(1.) This is an appeal by Beni Rai, the 5th defendant, against the decision of the learned District Judge of Bankura which was in favour of the plaintiff. There is also a cross-objection on behalf of the plaintiff.

(2.) The facts are as follows:

(3.) On the 11th November 1898 Girish Roy, the father of defendants Nos. 1 and 2, executed a mortgage in favour of the plaintiff, the land hypothecated being described as panchaki mokarari jamai, which may be translated as a tenancy right held at a fixed "quit rent," which is capable of being transferred. The mortgagor at the time had a mere Ghatwali tenure which was not transferable.