Judgment

DAS GUPTA, J. : If a raiyat of lands in the district of Santhal Parganas acquires the entire superior landlord s interest does his raiyati interest cease to exist or dies he continued to be a raiyat in addition to becoming a superior landlord? This is the main question raised in this appeal arising out of a suit for declaration and delivery of possession of 12 bighas, 16 kathas, 4 dhurs of land in Mauza Chhatahara in the District of Santhal Parganas. The plaintiffs and the four defendants, described in the plaint as defendants 2nd party are the successors in interest of one Santokhi Jha who became owner of the entire raiyati interest in these lands many years ago. Some time after he became a raiyati of this land, Santokhi purchased by a registered deed the entire interest of the Lakhirajdar under whom he was the raiyat. On May 15, 1935 these lands were sold by the 2nd party defendants and others including the plaintiffs 1 to 6 to the present appellants. The plaintiffs case is that no interest passed to the vendees by that sale deed, because the raiyati character of the land was existing on the date of transfer and this was inalienable under the provisions of Regulation III