GUIRAM SANTRA Vs. LAKSHMI DASSI

JUDGEMENT

(1.) THIS appeal is by the defendant and it arises out of a suit for eviction. The suit was brought under section 48c, clause (c), of the Bengal Tenancy Act. The defendant, according to the plaintiff, held the disputed land as an under-raiyat, under a written lease, the term whereof has expired. The plaintiff further pleaded that he required the suit-land for his own cultivation, that is, for cultivation by himself or by his men. It was also a part of the plaintiff's case that the defendant did not come within the protection of any of the provisos [ (i) and (ii)] to clause (c) of section 48c.

(2.) THE defence, on the other hand, was inter alia to the effect that the defendant had the protection under clause (2) of proviso (i) of the said provisos, and, further, that the plaintiff's case of requirement for cultivation by himself or by his men to attract the other proviso [proviso (ii)] was not true. On the facts, found or admitted, the position of the parties stands as follows :

(3.) THE defendant was originally an under-raiyat in respect of the disputed land under the raiyats, who were his landlords. This under-raiyati interest was, however, sold to the plaintiff by the defendant, who simultaneously took the present or disputed under-raiyati, by executing a kabuliyat in favour of the plaintiff. Thereafter, the plaintiff acquired the raiyati interest from the holders thereof, and, eventually, on the expiration of the term of the above kabuliyat, brought the present suit. There can be no dispute that the defendant's possession, since the kabuliyat, was that of an under-raiyat under the said kabuliyat, and that such possession was for less than 12 years. There is no dispute also that his previous possession of the suit land under his previous under-raiyati, which was sold to the plaintiffs, as aforesaid, if added to his possession under the above subsequent under-raiyati, would cover a period of more than 12 years.