FAZAR ALI MISTRI Vs. AMIR BUKSH MIAN

JUDGEMENT

(1.) This appeal arises out of a suit for ejectment. One Jainnddi held a kalmi raiyati under defendant No. 3; on the death of Jainuddi his son Munsur Ali held the ruiyati. In 1912 defendant No. 3 sued Munsur Ali for rent of the holding and in execution of the decree granted to him he caused the holding to be sold and bought it himself. After his purchase he settled a portion of it with the plaintiffs who are his sons, and they have brought the suit to eject the defendants Nos. 1 and 2.

(2.) The defence is that Munsur Ali sold a part of the jote, the part in dispute, to Asrab Ali in 1899, that Asrab Ali sold it to Takub Ali in 1904 and Yakub Ali to Fazar Ali defendant No. 1 in 1808, and Fazar Ali to Abdul Kabir defendant No. 2 in 1908 and that Fazar Ali has taken a barga lease of it from Abdul Kabir.

(3.) The learned Subordinate Judge found that the lease to the plaintiffs was made bona fide, that the raiyati was one at a fixed rate of rent, that defendant No. 3 did not recognize the transfer of the other defendants, that landlord s fees ought to have been paid but were not paid by Asrab Ali, Yakub Ali and Fazar Ali, that the transfers were in consequence invalid, that the payment of landlord s fees on the occasion of the last transfer did not confer any title upon Abdul Kabir, and that as the holding was sold in execution of a rent-decree obtained against the registered tenant the plaintiffs have acquired a good title by settlement from defendant No. 3. On these findings he decreed the plaintiffs appeal and suit.