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Ram Sundar Karmokar Vs. Sheikh Lochan - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in38Ind.Cas.942
AppellantRam Sundar Karmokar
RespondentSheikh Lochan
Cases ReferredNarayani v. Nabin Chandra Chowdhari
Excerpt:
occupancy holding, sale of, in execution of money-decree without raiyat's consent. - 1. we are of opinion that the learned subordinate judge is right in holding that an occupancy holding not transferable by custom or usage cannot be sold in execution of a money-decree when the raiyat objects to the sale. the same view was taken in an unreported case, appeal from order no. 412 of 1915 [narayani v. nabin chandra chowdhari 36 ind. cas. 803 : 21 c.w.n. 403]; and we see no reason to differ from the view taken in that case. the rule is accordingly discharged.
Judgment:

1. We are of opinion that the learned Subordinate Judge is right in holding that an occupancy holding not transferable by custom or usage cannot be sold in execution of a money-decree when the raiyat objects to the sale. The same view was taken in an unreported case, Appeal from Order No. 412 of 1915 [Narayani v. Nabin Chandra Chowdhari 36 Ind. Cas. 803 : 21 C.W.N. 403]; and we see no reason to differ from the view taken in that case. The Rule is accordingly discharged.


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