JUDGMENT

1. The suit in which this appeal has arisen was instituted by the plaintiff-respondent in this Court for declaration that a Miras Ijara tenancy created in favour of defendant 7 terminated on account of violation of conditions restraining alienation of the same. There were other reliefs claimed in the suit ancillary to the declaration sought for, which related to the action taken by the transferees from defendant 7 by virtue of the unauthorised transfer. The Miras Ijara (Ex. 4 in the case) was in respect of three different plots of land specifically mentioned in the document. The first plot consisted of five cottahs of land of which the rental was four annas only. The incorporation of the property made it possible for the parties concerned to have the document registered in the District of Bakargunj. The other two plots were properties situate in the district of Khulna. The three different plots comprised properties as mentioned in the document itself being scattered (pital gola), boundaries could not be given of the same. The rent fixed for the three plots taken together was Rs. 80, payable in six different kists. It was stipulated in the Miras Ijara that in case of necessi