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Sayed Rajab Ali Mian and anr. Vs. Pandu Mullick and ors. - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtKolkata
Decided On
Judge
Reported in41Ind.Cas.396
AppellantSayed Rajab Ali Mian and anr.
RespondentPandu Mullick and ors.
Excerpt:
landlord and tenant - abandonment-mortgage, usufructuary, of non-transferable occupancy holding-tenant learing village but not for good. - 1. it is found that the tenant who executed the usufructuary mortgage never left the village for good. as a matter of fact within a short time after the mortgage, his sons came back and they are in possession of a portion of the land. the court of appeal below, upon a consideration of these circumstances, has come to the conclusion that there was no abandonment.2. that being so, the appeal must fail and is dismissed with costs.
Judgment:

1. It is found that the tenant who executed the usufructuary mortgage never left the village for good. As a matter of fact within a short time after the mortgage, his sons came back and they are in possession of a portion of the land. The Court of Appeal below, upon a consideration of these circumstances, has come to the conclusion that there was no abandonment.

2. That being so, the appeal must fail and is dismissed with costs.


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