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ROXBOURGH, R. C. MITTER
Abdul Hashem – Appellant
Versus
Balahari Mondal – Respondent
JUDGMENT
R.C. Mitter, J. - One Maraful Huq was the owner of 9 bighas 11 cottas odd land comprised within premises, which were formerly numbered as Nos. 125, 126, 127, 128 & 130 Tollygunge Circular Road & No. 1 Durgapore Lane. The said premises have now been re-numbered as Nos. 62 Alipore Road & 42 Raja Santosh Road. He died leaving the plff. & 'pro forma' defts. 7 to 18 as his heirs. As a result of a partition between the said heirs which came into effect on 4-3-1944 the said premises fell to the share of the plff. alone.
2. On 16-4-1916, one Ramdas Das executed a 'kabuliat' in respect of the said premises in favour of the said Maraful Huq. The lease was for a term of ten years commencing from Pous 1321. Ramdas was already on the greater portion of the lands so demised by virtue of an earlier lease, & had already built a rice mill there. After the expiry of the term of the lease he held over as a yearly tenant. This is accepted before us by both parties. By two successive court-sales the tenancy & the rice mill passed, ultimately to one Kalipada Sardar on 12-3-1940, who by a conveyance (Ex. B) dated 24-4-1940, sold his interest in the tenancy & rice mill to Bolohari Mondal, deft. 1 i
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