BAMAPADA CHAKRABORTY Vs. PATIT PABAN SARDAR

JUDGEMENT

(1.) This appeal is by the Defendants and it arises out of a suit for a declaration that the Plaintiffs are tenants in the suit land and the C.S. record, recording them as bargadars, is wrong. There is a further prayer for permanent injunction.

(2.) The suits as contested by the Defendants, whose defence, on the merits, was that the Plaintiffs were bargadars and not tenants and that the Civil Court had no jurisdiction to entertain the suit.

(3.) On the first question, both the Courts below have concurrently found on evidence that the Plaintiffs' case of tenancy has been established and the defence, contention that the Plaintiffs are bargadars has not been proved.