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1927 Supreme(Cal) 266

ROY, B. B. GHOSE
Gohur Shaikh – Appellant
Versus
Shaikh Ahmed Ali – Respondent


JUDGMENT

B.B. Ghose, J. - This is an appeal by defendants 1, 2 and 6 against tho decision of the Subordinate Judge of Kbulna. The suit out of which this appeal arises was one for ejectment of tho defendants with regard to a small area of land of 2i bighas which defendant 2 held under the superior landlords of the plaintiff, defendants 7 and 8, by a kabuliyat dated 4th of Magh 1309 B.S. This land with other lands constituted a holding which previously was held by the husband of defendant 2. The pro-forma defendants 7 and 8, who were the land ords, brought the holding to sale in execution of their rent-decree and purchased it themselves. They re-settled the disputed land with defendant 2 by accepting the kabuliyat I have already mentioned. Subsequently the pro-forma defendants 7 and 8 created an intermediate interest in favour of the plaintiff by granting him a sub-lease. The plaintiff's case is that by this transaction, he became the immediate landlord of defendant 2. Defendant 2 sold this disputed property to defendant 1. by a kobala dated the 3rd Falgoon 1327 B.S. corresponding to 15th February 1921, and thereby, according to the plaintiff, she forfeited her tenancy. Defendant 6 cl

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