JOGENDRA NARAIN ROY CHOWDHURY Vs. KIRAN CHANDRA ROY

JUDGEMENT

(1.) This appeal arises out of a suit instituted by the plaintiff (who was the purchaser of an estate sold for arrears of revenue) for the annulment of certain intermediate tenures held by the defendants.

(2.) The lands in dispute lie within mauza Joka which is included in four separate estates, one of which No. 3845 was purchased by the plaintiff and it is in respect to the lands included in the said estate that the plaintiff seeks to eject the defendants.

(3.) The defendants set up certain tenures as having been held by them from before the Permanent Settlement and they pleaded that they were protected from ejectment under the provisions of Section 37 of Act XI of 1859. They further pleaded that the plaintiff was not entitled to the privileges attaching to the purchaser of an entire estate under Section 37 of the Act.