Law: Transfer of Property Act (IV of 1882)

Section: 116

(On appeal from the judgment and decree of the High Court of East Pakistan, Dacca, dated the 17th August 1966, in Second Appeal No. 223 of 1962). Tenancy-Holding over-Non-agricultural land lying within limits of Sylhet Municipality-Governed by Transfer of Property Act, 1882-Person taking lease of land belonging to Wakf estate continuing, after termination of lease period, to be in occupation and possession of land for mire than 33 years without break or interruption-Presumption of holding over of tenancy by him . Auction purchaser of such land acquires, at most, right, title and interest in land but tenancy right of occupant remains unaffected. Transfer of Property Act (IV of 1882), S 116. D. C. Bhattacharjee, Senior Advocate Supreme Court (Ranadhir Sen, Advocate Supreme Court with him) instructed by Abdur Rab-II, Advocate-on-Record for Appellants. Date of hearing: 23rd June 1970.   JUDGMENT M. R. KHAN, J.-This appeal, by special leave, arises out of Title Suit No. 263 of 1958 of the First Court of Munsif, Sylhet and is directed against the judgment and decree of a learned Single Judge of the High Court of East Pakistan in second appeal affirming those of the trial Court and the first appellate Court. The plaintiffs of the said title suit are the respondents 1 to 5 herein. They brought the suit against six persons of whom the defendants 1 to 5 were the principal defendants and Mumtaz uddin Khan was the pro forma defendant No. 6. Of the five principal defendants, the defendants 1 to 3 and Sajidur Rahman, the successor-in-interest of the fourth defendant Anjumunnessa are the appellants in this appeal. The suit was one for declaration of the plaintiffs' tenancy right to the land in suit situated within the Sylhet Municipality and for recovery of khas possession thereof and also for compensa"ion and mesne profits. The case as made out in the plaint was as follows :- The suit land originally belonged to the Majumdar Waqf estate. The plaintiffs' predecessor-in-interest Sonawar Ali Chowdhury, a practising Mukhtear took lease of the suit land from the then Mutwalli of the Waqf estate for a period of 3 years by a registered deed of lease, dated the…