KISSORI LAL NAG Vs. TINKARI CHANDRA CHANDRA

JUDGEMENT

(1.) The plaintiff has alleged that he is the owner of the disputed tank fishery. The defendants are tenants at will only in respect to the Jalkar Jama in that tank excluding its banks. They have no right to the sub-soil. He wants to rear fish in that tank. The defendants did not pay any rent regarding that Jalkar from 1361 B. S. at the rate of Rs. 4/- per year. The tenancy was determined by a notice to quit. But the defendants did not give up that Jalkar right. Hence the suit for ejectment, for recovery of arrears of rent and also for recovery of mesne profits.

(2.) The defendants filed a written statement denying the plaintiff's allegations. The defence is that the suit is not maintainable and the same is time-barred. The landlord's right of the plaintiff vested in the State and hence they have become direct tenants under the State of West Bengal. They are not defaulters. They have no Jalkar right but they are tenants with respect to the tank along with the banks and they are occupancy raiyats.

(3.) The learned Munsif stated that the plaintiff would on]y get the arrears of rent at the rate of Rs. 4/- per year with interest at the rate of 6 1/2 per cent per annum. The claim for recovery of possession was rejected. The suit was decreed in part. No costs were ordered.