Radha Proshad Wasti And Ors. vs Esuf And Ors. on 28 April, 1881
The law is clearly so laid down in the case of Radha Proshad Wasti v. Esuf (1898) 2 C.W.N. 229, to which I have already referred, at page 417 of the report. It seems to us, therefore, that there being no evidence of the determination of this chakran tenure by the common consent of the co-sharers, who now represent the original creators of the tenure, and the tenancy being therefore still a subsisting tenancy. It is not competent to the plaintiffs to maintain a suit for ejectment of the respondents.