NARESH CHANDRA BASU Vs. HAYDER SHEIKH KHAN

JUDGEMENT

(1.) This is an appeal by the plaintiff and arises out of a suit for a declaration of his tenancy right in the disputed land and for recovery of possession of the same.

(2.) The facts of the case lie within a short compass. The defendants who are two in number and their cosharers had an occupancy holding which carried an annual rental of Rs. 10-4-0 under Nityamani Dasya who sued the defendants Erfen Bibi, Asirennessa Bibi, Chandjan Bibi who are her tenants and whose names are alleged to be recorded in the sherista of Nityamani for arrears of rent in respect of the said holding, obtained a decree in that rent suit (No. 1217 of 1919) and executed the same in Rent Execution Case No. 474 of 1922; the plaintiff purchased the holding in execution of the said decree on 12 September 1922; the defendants were living on the disputed land by the erection of huts and in Falgun 1329 the plaintiff called on them to give up possession of the land by removing the huts therefrom but the defendants refused to vacate. Hence this suit.

(3.) The defence of defendant 1 substantially is that the decree and the sale referred to in the plaint, are not rent decree and rent sale as all the persons having an interest in the said holding were not parties in the rent suit brought by Nityamani and that consequently only the right, title and interest of those persons, who are parties to the rent suit, passed by the sale.