ABDUL MALIK CHOUDHURY AND ORS. Vs. SASHI BHUSAN CHAUDHURY AND ORS.

JUDGEMENT

(1.) THIS petition of revision is directed against an order of Mr. J.C. Bhuyan, Munsiff of Karimganj dated 31 -5 -1954 by which a miscellaneous application (Case No. 169 of 1953) under Section 33, Sylhet Tenancy Act was dismissed.

(2.) THE facts leading to the petition may be briefly stated Mt. Marsia Pachman, opposite party No. 2, was an occupancy tenant of the disputed land under the petitioners and their co -sharers. She sold away her occupancy rights to O.P. No. 1 Sashi Bhushan Chaudhury for a sum of Rs. 415/ - on 7th Jaistha, 1358 B.S. The petitioners coming to, know of the sale instituted the proceedings out of which this petition arise claiming that the lands be transferred In their favour.

(3.) MR . Deb assailed the correctness of the decision. He agrees that all the landlords of the tenancy have to be impleaded in a proceeding under Section 33, Sylhet Tenancy Act and they would be necessary parties. If all of them did not join in the petition those not joining have to be brought in as defendants or respondents. In this case the petitioners omitted to implead some of the landlords of the tenancy. He argues that the defect was remediable.