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 [LQ/CalHC/1916/384] : 21 C.W.N. 403]; and we see no reason to differ from the view taken in that case. The Rule is accordingly discharged.
Ram Sundar Karmokar v. Sheikh Lochan
(High Court Of Judicature At Calcutta)
| 20-11-1916
Advocate List
Bench
- Nalini Ranjan Chatterjee
- Newbould Edward Brooks, JJ.
Eq Citations
- 38 IND. CAS. 942
- LQ/CalHC/1916/391
Head Note
Tenancy — Occupancy Tenancy — Transferability — Transfer by sale in execution of decree — When not permissible — Held, occupancy holding not transferable by custom or usage cannot be sold in execution of a money-decree when raiyat objects to sale — Case law cited
