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ROXBURGH, B. K. MUKHERJEA
Apseruddin Howladar – Appellant
Versus
Abual Kasem – Respondent
JUDGMENT
B.K. Mukherjea, J. - The facts giving rise to this appeal lie within a short com-pass and may be stated as follows : Under diara touzi No. 6454 of the Faridpur Collectorate there was a tenure owned jointly by the plaintiffs and defendants 10 to 20 of the suit out of which the appeal arises at a yearly rental of Rs. 282-15-0 only. Under this tenure there was a subordinate tenancy held by defendants 1 to 7. The touzi was sold for arrears of Government revenue on 23rd March 1934, and it was purchased by defendant 8 in the benami of defendant 9. The plaintiffs got a conveyance of the touzi from the auction purchaser in pous 1341 B.S. Their case is that after the purchase they annulled the intermediate tenure held by them jointly with defendants 10 to 20 and they accordingly pray for a declaration that they are entitled to realize rents directly from the under-tenants who are defendants 1 to 7 in the suit. There was also a prayer for recovery of rents from defendants 1 to 7 for the last two kists of 1341 and the first kist of 1342 B.S.
2. The suit was contested by defendants 15 to 19 and their defence in substance was that they were not tenure-holders but raiyats in respect of th
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