Kristo Chunder Ghose And Ors. vs Raj Kristo Bandyopadhya And Ors. on 8 July, 1885
4. The learned Judge in the Lower Court, in deciding the case has relied on the fact that the tenure was transferable, and its transfer by a registered kobala was sufficient to discharge the liability of the defendants, who were tenants in occupation. The Munsifl found that the transfer effected by the defendants to Kumudini was colourable, and no consideration passed and Kumudini was never in possession. On these facts the Munsiff held, and we think correctly, that nothing passed by the sale and the original tenants were liable in the same way as they had been before the execution of the kobala. The learned Judge has in holding a contrary view relied on the cases of Kristo Bulluv Ghose v. Kristo Lal Singh (1889) I.L.R. 16 Calc.