SAYED RAJAB ALI MIAN Vs. PANDU MULLICK

JUDGEMENT

(1.) IT is found that the tenant who executed the usufructuary mortgage never left the village for good. As a matter of fact within a short time after the mortgage, his sons came back and they are in possession of a portion of the land. The Court of Appeal below, upon a consideration of these circumstances, has come to the conclusion that there was no abandonment.

(2.) THAT being so, the appeal must fail and is dismissed with costs.