JUDGMENT

Guha, J. - This appeal is directed against the decision and decree passed by the learned Subordinate Judge, Second Court, Backerganj, on 10th March 1930, reversing those of the Munsif, Sixth Court, Barisal. The plaintiff-appellant Instituted a suit for ejectment of the de-fondants-respondents in this appeal, on the ground that the defendants had, by unauthorized transfers by way of mortgages, simple and usufructuary, broken sin express condition in the kabuliyat creating the tenancy and on such breach, they were under the terms of the contract liable to ejectment. The plaintiff treated the defendants as trespassers for the reason that they had incurred forfeiture, and could not as such be treated as tenants. No notice was served on the tenants before the institution of the suit for ejectment, out of which this appeal has arisen. The trial Court passed a decree for khas possession in favour of the plaintiff. On appeal by the defendants, the decree of the trial Court was reversed, and the plaintiff's suit dismissed. The learned Subordinate Judge, in the Court of Appeal below has held that the suit for ejectment brought by the plaintiff was not maintainable without service of