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Salima Saidatannessa Bibi Vs. Enatulla Talukdar - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in15Ind.Cas.524
AppellantSalima Saidatannessa Bibi
RespondentEnatulla Talukdar
Cases ReferredGirish Chandra Chowdhry v. Kedar Chandra Roy
Excerpt:
bengal tenancy act (viii of 1885), section 22 - occupancy, non-transferable--purchase by co-sharer landlord of non- transferable occupancy-right, effect of. - 1. it appears to us that we must follow the decision in girish chandra chowdhry v. kedar chandra roy 27 c. 473, for we are unable to perceive how it can be said that this case has been overruled by any subsequent decision of a full bench. on this basis, we must grant the plaintiff the relief to which she is entitled, that is, joint possession to the extent of 7 annas with the other co-sharers, that is, the principal defendants and the pro-forma defendants. we do not think that in the circumstances of the case, it is necessary to consider any further or incidental relief.2. the appellant must have her costs in the high court and in the lower courts from the respondents, in proportion to her success, that is to say, on the basis of its. 60 the market-value of the 7 annas share.
Judgment:

1. It appears to us that we must follow the decision in Girish Chandra Chowdhry v. Kedar Chandra Roy 27 C. 473, for we are unable to perceive how it can be said that this case has been overruled by any subsequent decision of a Full Bench. On this basis, we must grant the plaintiff the relief to which she is entitled, that is, joint possession to the extent of 7 annas with the other co-sharers, that is, the principal defendants and the pro-forma defendants. We do not think that in the circumstances of the case, it is necessary to consider any further or incidental relief.

2. The appellant must have her costs in the High Court and in the lower Courts from the respondents, in proportion to her success, that is to say, on the basis of Its. 60 the market-value of the 7 annas share.


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