The All India Reporter 1950 - Assam Section with Parallel References to (1) I.L.R. (1950) 2 Assam (2) 54 Calcutta Weekly Notes (3) 51 Criminal Law Journal Citation: A.I.R. 937) 1950 Assam

The decree-holder according to the certificate became the purchaser of the tenancy rights in the dag in question to the extent of the share mentioned in the sale certificate, i. e , 9/20tb share. [...] The Suit was instituted by the then Daloi of the temple as the land belonging to the temple had been transferred by paiks to a person who could not render services which the paiks holding the land were under an obligation to perform Ac cording to the sale deed, the transferor was to remain responsible for rendering services The land was transferred to the son-in-law of one of the transferors witho [...] It was held by their Lordships of the Calcutta High Court that a transfer of paik an lands would not be valid and binding on the temple unless the burden of service attached to such lands is also transferred to the alienee and as in that case the property had been transfer- red to the transferee free of the obligation to render any service, the alienation was not valid and binding on the temple au [...] The second sale in favour of the plain- tiff was in favour of a Paik and it has not been contended by anyone of the defendants includ- ing the Daloi, the manager of the temple, that the sale was objectionable on the ground that the obligations as to service had been divorced from the rights and privileges which the occupa- tion of the land carried. [...] [to] The last contention raised by the learned counsel is that there was no justification for the appellate Court to grant a declaration of title to and khas possession of the specified plot of land which is one of the two plots which the sale deed purports to transfer to the plaintiff.