Kolkata Court May 1878 Judgments

Tirthanund Thakoor Vs. Mutty Lall Misser

Court: Kolkata

Reported in: (1878)ILR3Cal774

Richard Garth, C.J.1. We have not the least doubt about this case; and the time of the Court has been unnecessarily occupied by the respondent's pleader attempting to urge a point, which has been decided against him by the learned Judge of this Court, and against which decision he has not thought fit to appeal.2. The only question is, whether it is necessary or proper that there should be a remand; and the appeal is made to us upon the ground that the learned Judge was wrong in ordering a remand, when it had not been proved that there was any right by custom in the defendant, the occupancy tenant, to divide his tenure and transfer it to different persons.3. An issue was raised distinctly by the Munsif, at the instance of the defendant, whether an occupancy ryot had a right by custom to transfer his tenure to different persons.4. The Munsif found that occupancy ryots had a right in that locality to transfer their tenures generally. Whether he was justified, upon the evidence, in arrivin...