MANINDRA NATH GHOSE Vs. ASHUTOSH GHOSE

JUDGEMENT

(1.) This appeal arises out of certain execution proceedings. The facts are briefly these: The respondent is or rather was the owner of a certain putni taluk called Mouza Khasmara. The appellants hold a jama of some 5 bighas and odd cottahs at an annual rental of Rs. 27-2-8 within the taluk under the respondent. Their contention is that they have a non-transferable occupancy right in these five bighas. The taluk belonging to the respondent was sold in November 1909 at the instance of the zemindar under Regulation VIII of 1819.

(2.) On the 14th April 1910 the respondent who was the putnidar brought a suit for rent of the 5 bighas odd, against the present appellant and obtained a decree in January 1911. In February 1911 the sale of the respondent s putni taluk was set aside.

(3.) On the 20th January 1914 the respondent applied for the execution of the rent decree which he had obtained for the 5 bighas odd of land in January 1911 against, the present appellant. The proceedings appear to have dragged on for some time.