Judgement

SHELAT, J. : One Arunshashi Dasi, Charu Chandra Sur and Jotish Chandra Sur were the owners of the suit land admeasuring 1.15 acres situate in Rishra Municipality, West Bengal. On November 15, 1920 they leased the land to Srikrishna Goshala on September 10, 1924, the said Goshala sold its leasehold interest in the said kind to the 1st respondent Society on September 5, 1935 the Society sold the said leasehold interest to one Sovaram Sarma. In 1941, the said Jotish Sur filed a Rent Suit against Sovaram and obtained an ex parte decree against him. On September.9, 1941 the said Jotish in execution of the said decree and at an auction sale held thereunder purchased sovaram s interest and took possession of the land. Thereafter, Sovaram s widow and son flied a suit against the said Jotish alleging that as Sovaram had died during the pendency of the said suit the decree passed against him was nullity and so also the auction sale. On June 27, 1945 the said suit was decreed against the said Jotish and appeals by him against the said decree both in the District Court and the High Court were dismissed. While, the said suit was pending, Swaika, the first appellant herein, purchased fr