S GHOSH Vs. JITENDRA NATH

JUDGEMENT

(1.) This appeal is at the instance of deft. 1. It arises out of a suit instituted by the pltf. in the 1st Ct. 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, & for a further declaration that the ex parte order in a proceeding under Section 103, Bengal Tenancy Act, is not binding on the pltf. & for a permanent injunction restraining the deft. 1 from proceeding with a suit instituted by the latter for recovery of rent in respect of the disputed land.

(2.) The deft. 1 filed a written statement alleging that the disputed land was not nishkar & that the order under Section 105, Bengal Tenancy Act, was binding on the pltf. & precluded the latter from setting up a nishkar right.

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