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Krishnadhan Sardar and ors. Vs. Sital Parui and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in115Ind.Cas.605
AppellantKrishnadhan Sardar and ors.
RespondentSital Parui and ors.
Excerpt:
landlord and tenant - decree for ejectment of under-tenant--appeal--death of under-tenant pending appeal--competency of appeal--right of heirs to continue appeal. - .....is that the tenancy being an under raiyati the heirs have not inherited anything against the landlords. the learned vakil for the appellants contends that they should be allowed to continue the appeal. it is not a question of continuing the appeal but the question is whether they have a right to maintain this appeal not having inherited any right from their father as against the landlord. the substituted appellants have no right to maintain this appeal, and that being so the appeal is dismissed with costs.arthur herbert cuming, j.2. i agree the appeal should be dismissed.
Judgment:

Roy, J.

1. A preliminary point has been taken in this second appeal. The lower Appellate Court decreed the plaintiffs suit and directed khas possession to be given to the plaintiffs as against the defendants who were under-tenants on the land. Both the Courts have come to the finding that the defendants are under-tenants on the land. One of the defendants preferred this appeal. He died and his heirs were substituted soon after his death. On behalf of the plaintiffs the contention put forward is that the tenancy being an under raiyati the heirs have not inherited anything against the landlords. The learned Vakil for the appellants contends that they should be allowed to continue the appeal. It is not a question of continuing the appeal but the question is whether they have a right to maintain this appeal not having inherited any right from their father as against the landlord. The substituted appellants have no right to maintain this appeal, and that being so the appeal is dismissed with costs.

Arthur Herbert Cuming, J.

2. I agree the appeal should be dismissed.


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