DURGA NARAYAN SEN Vs. PHANINDRA NATH SEN

JUDGEMENT

(1.) This appeal raises a pure question of law, namely, whether the holding of an under-raiyati in which he has a right of occupancy is transferable without the consent of his immediate landlord. The question has arisen in the following way:

(2.) The Defendants contended in the trial court that the entries in the c.s. records were correct and the Plaintiff was not entitled to khas possession of the disputed lands because Defendant No. 2 of the trial court who was wife of the other Defendant, had acquired a valid title to the lands by purchase from the heirs of Nalinakshya Pal. The trial court upheld this contention of the Defendants and decreed the suit in part declaring Plaintiff's raiyati right to the disputed lands, but dismissed his claim for khas possession on the finding that the entries in the c.s. record were correct.

(3.) This decree against which the Plaintiff preferred an appeal, was affirmed by the lower appellate court. So the Plaintiff has come to this Court in Second Appeal.