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1943 Supreme(Cal) 143

BISWAS, B. K. MUKHERJEA
Moulvi Ali Hossain Mian – Appellant
Versus
Rajkumar Haldar – Respondent


JUDGMENT

B.K. Mukherjea, J. - This appeal is on behalf of the defendants, and it arises out of a suit commenced by the plaintiffs to enforce a right of pre-emption in respect to certain lands which are described in Schedule (ga) to the plaint. The material facts lie within a short compass and are for the most part undisputed. The plaintiffs' case is that the lands of Schedule (ka) to the plaint constituted a raiyati holding which belonged to the plaintiffs as occupancy raiyats. A one-fourth share of this holding, which is described in Schedule (kha) was let out to defendant 6 as an under raiyat, but the latter by unfair means succeeded in getting his name recorded as a cosharer with the plaintiffs in respect to that one. fourth share. The plaintiffs thereupon in-stituted a suit against defendant 6, and to this suit one Nawab Ali and his wife defendant 7, in whose favour defendant 6 was said to have executed a kobala were made parties. The suit culminated in a compromise to which the plaintiffs and defendants 6 and 7 were parties. Under the terms of the compromise, Plot No. 2 of Schedule (kha) land, which is specified in Schedule (ga) to the plaint, was given entirely to defendant 6,

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