Sir Edward Maynerd Des Champs Chamier, Kt., C.J.
1. These are appeals by the plaintiff in two suits. In one he claimed possession of two entire occupancy holdings and parts of six occupancy holdings. In the other he claimed possession of part of one occupancy holding.
2. The facts are that one Uttim Sahai held an 8 annas share in the village. The defendant held a 2-annas share and took a lease of Uttim's holding for a term which expired in 1910. Before 1910, the plaintiff purchased the holdings or parts of holdings now in suit. There was a partition of the village in 1910, by which the two entire holdings and the parts of the seven holdings purchased by the plaintiff were allotted to the plaintiff's patti.
3. The defendant's case is that all the purchases were approved by the landlords when they were made and cannot now be challenged by the plaintiff. Defendant says, and it is so found, that the owners of 6 annas approved of the transfer as far as their shares were concerned and that he as thekadar of Uttim's 8-annas share approved of the transfer as regards that share. He held the remaining 2 annas himself.
4. I think it is unnecessary to decide whether defendant as thekadar could approve of the transfers on behalf of Uttim. According to the Full Bench decision in Dayamoyi v. Ananda Mohan Ray 27 Ind Cas. 61 : 42 C. 172 : 18 C.W.N. 971 : 20 C.L.J. 52, the transfers did not entitle any of the landlords to claim possession so far as they related to parts only of holdings, and it seems impossible to hold that the subsequent partition between the maliks gave the plaintiff a right to treat the transfers of parts of holdings as transfers of entire holdings merely because those parts were allotted to his patti at the partition. As regards the parts of holdings I think it is clear that the suit was rightly dismissed. As regards the two entire holdings this case is not distinguishable from that of Hossein Mahomed v. Fakir Mahomed 4 Ind. Cas. 740 : 10 C.L.J. 618, I would dismiss both appeals with costs.
Saiyid Sharfuddin, J.
5. I agree.
