SIVA PROSAD KUNDU CHAUDHURI Vs. JITENDRA NATH GHOSHAL

JUDGEMENT

(1.) This appeal is at the instance of Defendant No. 1. It arises out of a suit instituted by the Plaintiff in the First Court of the Munsif, Howrah, for a declaration of his nishkar (rent-free) right in the disputed land, for correction of the entry in the record-of-rights to the effect that the land is liable to assessment of rent and for a further declaration that the ex-parte order in a proceeding under Section 105 of the Bengal Tenancy Act is not binding on the Plaintiff and for a permanent injunction restraining the Defendant No. 1 from proceeding with a suit instituted by the latter for recovery of rent in respect of the disputed land.

(2.) The Defendant No. 1 filed a written statement alleging that the disputed land was not nishkar and that the order under Section 105 of the Bengal Tenancy Act was binding on the Plaintiff and precluded the latter from setting up a nishkar right.

(3.) The munsif dismissed the suit on the finding that the land was not nishkar and that the order under Section 105 was cogent evidence in proof of that fact.