Bidhuranjan Sarkar vs Soleman Pramanik And Ors. on 25 April, 1941
5. The first point for our consideration in this appeal is whether the holding being not transferable the plaintiff as a purchaser in the mortgage sale could acquire any rights which were enforceable against the landlord who himself purchased the holding at a previous rent sale. The Subordinate Judge came to the conclusion that he has no such rights and he relied in support of this view on the decision of the Patna High Court in Sourendra Mohan v. Kunjbihari Lal ('29) 16 AIR 1929 Pat 222. In my opinion the view taken by the Subordinate Judge cannot be supported on the facts of the present case.