JUDGMENT

Rankin, J. - In this case, the landlord sues the transferee of a non-transferable occupancy jote for khas possession of the holding. It appears that two tenants Raj Mohan and Sonatan held the suit lands as occupancy raiyats under the plaintiff. In execution of a money decree obtained against the tenants as well as of a mortgage decree obtained against them, the holding was sold to the defendant No. 1 and thereupon the tenants took a tenancy under the transferee, remaining upon their homestead portion which was part of the land of the tenancy and also remaining as cultivators of a certain number of plots being part of the tenancy. In these circumstances, there has been a difference of opinion between the Courts below. The learned Munsif, following Dayamayi v. Ananda Mohan [1915] 42 Cal. 172 has held that, as the tenants on longer pay rent to the plaintiff and as they now claim to hold the home-stead and some plots of land within the jama under the transferee and not under the plaintiff and as there is no independent evidence that the tenants still regard the plaintiff as their landlord, it is clear that there has been an abandonment of the tenancy within the meaning of Dayam