JUDGMENT

Suhrawardy, J. - In a lease executed by defendant 4 in favour of the landlords whose interest has now devolved upon the plaintiffs, creating a miras karsha, there was a covenant that if the tenant transferred the holding without the landlord's consent the landlord would have the right of re-entry. In 1326 defendant 4 sold the holding to defendant 1 who purchased it in the benami of defendant 2. Thereafter the plaintiffs brought the present suit for recovery of khas possession of the holding on the ground of breach of the covenant and also of abandonment. The defence was that defendant 4 was not aware of the stipulation in the lease and that she had a permanent transferable interest in the holding. The most important question raised at the trial was whether the plaintiff's suit was maintainable in view of Section 155, Ben. Ten. Act. There was also a denial of abandonment inasmuch as defendant 4 had taken a sublease from the purchaser (defendant 1) of the holding in suit. The Munsif found both the points in favour of the plaintiffs and gave them a decree. On appeal the learned Subordinate Judge has reversed the findings of the Munsif on these two points and dismissed the plai