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PANTON, ASUTOSH MOOKERJEE
Mokbul Ali Sadagar – Appellant
Versus
Basarat Ali – Respondent
JUDGMENT
1. This is an appeal by the plaintiff in a suit for ejectment on the basis of title acquired by purchase at a sale for arrears of revenue held under Act XI of 1859. The baieapti, taluk purchased by the plaintiff was made an entire estate in 1841. At that time the lands comprised in the taluk were subject to the etmam tenure set up by the defendants which, it has been found, was in existence in the year 1837, that is, before the creation of the taluk in the year 1844. In these circumstances, the question arises whether the plaintiff is entitled to eject-the defendants u/s 37 of Act XI of 1859, which provides as follows: The purchaser of an entire estate in the permanently settled districts of Bengal, Bihar and Orissa, sold under this Act for the recovery of arrears due on account of the tame, shall acquire the estate free from all encumbrances which may have been imposed upon it after the time of Settlement and shall be entitled to avoid and annual all under-tenures and forthwith to eject all under-tenants with the following exceptions:---First, istemrari or mokurrari tenures which have been held at a, fixed rent from the time of the Permanent Settlement; secondly, tenures e
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