SAMIRUDDIN MUNSHI Vs. BENGA SHAIKH

JUDGEMENT

(1.) The land in suit in this case is an occupancy holding, which is not shown to be transferable without the landlord's consent by local usage. The plaintiff is a, purchaser in execution of a money decree. At the time of his purchase the land was held by one Agar Sheikh under a usufructuary mortgage. When the term of this had expired the plaintiff took possession through Court, and thereafter according to his case obtained settlement from the landlord. He pleads that he was dispossessed by the defendants and sues for recovery of possession.

(2.) The defence is that the original tenants relinquished the land, which was then settled with the defendants. This alleged settlement, however, was not put in issue, an omission of which no explanation has been given. The issues must doubtless have been accepted and signed by the parties: and the fact that the settlement with the defendants was not entered is not without significance.

(3.) The Munsiff seems to have disbelieved the story of a settlement with the defendants. He accepted the plaintiffs assertion of a settlement and decreed the suit.