NARENDRA NATH PATRA Vs. BHAGABAT CHANDRA MALLIK

JUDGEMENT

(1.) It would be waste of time to state the facts as they are clearly stated in the judgment of the Chief Justice with regard to which this appeal is preferred.

(2.) The question whether the whole holding had been transferred depended upon whether the alleged transfers to defendants 1 and 2 were fictitious and the finding of the first Appellate Court is quite clear with regard to that matter a finding which is stated by the Chief Justice in the judgment under appeal. The result therefore was that the case had to be treated on the footing that the whole holding had been transferred. A custom to transfer had been established before the District Judge and the plaintiff-landlords suit had been dismissed.

(3.) On appeal the learned Chief Justice came to the conclusion that the defence that there was a custom to transfer was not sufficient in the circumstances, the circumstances being that the holding had been transferred in different portions to different persons.