Kolkata Court September 1935 Judgments

Sasi Kanta Acharjee Bahadur and ors. Vs. Lechoo Sheikh and ors.

Court: Kolkata

Reported in: AIR1936Cal30,160Ind.Cas.577

R.C. Mitter, J.1. This appeal is on behalf of defendants 1, 2 and 3 in a suit instituted by the plaintiff for a declaration that his interest is not affected by the sale in execution of a decree for rent obtained by defendants 1, 2 and 3 against one Abdul. At the said sale, defendants 1 to 3 purchased the property. It is admitted that one Sadhu Khan held a jote at a rental of Rs. 13 a year under one Krishna Sundar Bhowmik. This jote has been recorded in khatian No. 64, Defendants 1 to 3 have purchased the interest of Krishno Sundar Bhowmik On the death of Sadhu, the jote was inherited by his widow Sowa Bibi and four sons Abdul, Ebrahim, Nasar and the plaintiff Lachoo Sheikh. In the year 1921, two kabuliats were executed in favour of the landlords one by Nasar, one of the sons of Sadhu Khan and the other by Abdul. In the kabuliat Abdul stated that he was executing the kabuliat on behalf of himself, his mother Sowa Bibi and his brothers, the plaintiff and Ebrahim. In the year 1930, defen...