SURENDRA NATH MAJHI Vs. ISWAR MAJHI

JUDGEMENT

(1.) This appeal is at the instance of the plaintiff and it arises out of a suit for recovery of possession of the disputed land.

(2.) The disputed land measuring 14.71 acres, admittedly, belonged to one Pitha Majhi, who had a raiyati interest therein. Pitha Majhi died leaving his widow Maku Mejhani, who also died in 1956. It is not disputed that Maku Mejhani had only a limited interest in the disputed land. It is also not disputed that the plaintiff, who is the sister's son of Pitha Majhi, is the next reversioner. During her lifetime, in 1940 Maku granted a permanent lease of the disputed land including the homestead in which she had been living, in favour of her brother's son Iswar, the defendant, at an annual rent of Rs. 2/2/- and a selami of Rs. 95/-. After the death of Maku, the plaintiff filed the instant suit on November 20, 1957.

(3.) The suit was contested by the defendant. His defence was that Maku Mejhani's limited interest was transformed into an absolute interest by virtue of the Hindu Succession Act coming into force. It was contended that Maku was competent to alienate the property and that the defendant having acquired a permanent lease in respect of the disputed land on payment of consideration, he was not liable to be evicted from the same and that the plaintiff had no interest therein.