TINKARI KUNDU Vs. BARUNI BALA DASSI

JUDGEMENT

(1.) THIS second appeal which is by the plaintiff in a suit for ejectment under the West Bengal Non-Agricultural Tenancy Act (Act XX of 1949) raises an interesting question regarding interpretation of the expression "commencement of the Transfer of Property Act. 1882", in sec. 7 of that Act.

(2.) THE plaintiff's case is that the defendant took settlement of the land in question from the plaintiff's father from the first Baisakh 1343 B. S. at an annual rental of Rs. 9/- payable according to the Bengali calendar year and had been in possession thereof by raising temporary structures thereon. After the death of the plaintiff's father there was amicable partition between the plaintiff and his co-sharers and the plaintiff became entitled to realise the entire rent from the 1st Baisakh 1361 B. S. The defendant defaulted in payment. She did not pay the rent in spite of repeated reminders. Ultimately notice was served upon her to vacate the disputed property with the expiry of the Bengali year 1362 B. S. The defendant did not comply and, therefore, the plaintiff was compelled to bring the suit out of which this appeal has arisen.

(3.) THE defendant filed a written statement and alleged that she was not liable to be ejected under the provisions of the West Bengal Non-Agricultural Tenancy Act. The defendant claimed to have been in possession of the land for more than twelve years. The learned Munsif who tried the suit gave the plaintiff a decree for recovery of arrears of rent but dismissed his claim for ejectment. On appeal the learned Subordinate Judge who heard the appeal affirmed the judgment and decree of the learned Munsif but on grounds other than those given by him.