Rahimuddi vs Chadam - 1928 Supreme(Cal) 245

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1928 Supreme(Cal) 245

Rahimuddi – Appellant
Versus
Chadam – Respondent

JUDGMENT

1. This is an appeal by defendant 1 in a suit which was for a declaration of the plaintiff's title as an occupancy raiyat to certain land and for recovery of possession. The superior interest of the occupancy holding is held at present by defendant 1 who acquired it from his wife some time in the month, of May 1923. Defendant 2, the wife of defendant 1, purchased that interest from the previous holder, Hari Mohan, by a conveyance dated 23rd October 1922. One Kuti Molla was the raiyat in occupation of the land at the time of the purchase of the superior interest by defendant 2. Kuti Molla having defaulted in the payment of rent Hari Mohan had instituted against him a suit for arrears' of rent and had obtained a decree. This, decree was put into execution by Hari Mohan after the date of the sale of the superior interest to defendant 2 and in execution of the decree Hari Mohan had caused the tenancy to be brought to sale on the 25th April 1923, The plaintiff was the purchaser at that sale. When defendant 2 purchased Hari Mohan's interest her husband, defendant 1, dispossessed Kuti Molla and took khas possession of the land. The plaintiff, after his purchase, finding that he co

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