KALIPADA GHOSH Vs. MANGAL CHARAN BAG

JUDGEMENT

(1.) THE defendant is the appellant before me. The appeal arises out of a suit for his eviction under section 48c of the Bengal Tenancy Act on the ground of the expiry of the term of his lease. The suit was instituted by the respondent claiming eviction, arrears of rent and manse profits.

(2.) THE respondent's case was that the suit land belonged to him in occupancy right and that the appellant took settlement of it in korfa right by executing a meadi kabuliyat for nine years in 1349 B. S. The kabuliyat was executed and registered on 25th Chaitra 1348 B. S. and the rate of rent was fixed at Rs. 33/ - per annum. As the term of the kabuliyat expired on the last date of Chaitra 1357 B. S. , the appellant had no right to remain in possession of the suit land after the expiry of that date. As the appellant did not give up possession of the suit land after the expiry of the period of his lease the respondent was entitled to recover khas possession of it by evicting the appellant there from. The respondent also gave a notice to the appellant by registered post. The respondent required the land for his own cultivation. He is also claiming rent for 1356 and 1357 B. S.

(3.) THE appellant in his written statement alleged that the suit land belonged to his father Rajendra Nath Ghose ; that after Rajendra's death it was inherited by the appellant and his two brothers Paresh and Basudev and their mother Pannabala ; and that as they were in possession of the suit land for a continuous period of more than 12 years they were not liable to be evicted. He denied that the respondent was ever in khas possession of the suit land and challenged the kabuliyat as fraudulent and void. He also stated that the kabuliyat was never acted upon.