KADU MALLIK Vs. BANI DUTTA

JUDGEMENT

(1.) The Plaintiff Respondent instituted a suit for khds possession of 06 acre of land recorded in Cadastral Survey plot No. 1587 within Katwa Municipality after evicting the Defendant therefrom on the allegation that he was allowed to stack and sell coal on the land at a monthly bhara of Rs. 3 from 1347 B.S., but from Bhadra, 1354 B.S., the Defendant Appellant began to erect structures on the land for selling various commodities although he had no right to erect such structures. The Plaintiff further alleged that she required the land for her own use and so she had served a notice upon the Defendant to vacate the land at the end of Agrahayan, 1354 B.S. which he did not do. So the present suit was instituted by the Plaintiff.

(2.) The defence of the Defendant Appellant was that he was a monthly lessee at a rent of Rs. 3 per month from 1341 B.S. and he could not be ejected on account of the provisions of the West Bengal Non-Agricultural Tenancy Act, 1949. This defence was negatived by both the courts below and so the Defendant has come up in Second Appeal.

(3.) The only point which arises for the decision in this appeal is whether the Defendant Appellant was a licensee or a tenant under the Plaintiff in respect of the disputed land.