DHIRENDRA NATH BANERJEE Vs. CHITTARANJAN MONDAL

JUDGEMENT

(1.) The Plaintiff is the Appellant in this second appeal. Her suit for recovery of khas possession of 2 cottahs of land in R.S. khatian No. 634 was decreed by the trial Court. The Defendant preferred an appeal. The learned Subordinate Judge, Second Additional Court, 24-Parganas, at Alipore, allowed the said appeal and dismissed the suit. The Plaintiff came up in second appeal. B.K. Bhattacharyya J. allowed the said appeal and remanded the case to the lower appellate Court. After remand, the lower appellate Court had again allowed the appeal of the Defendants and had dismissed the suit for recovery of possession. Hence, this second appeal.

(2.) One Bhusan Chandra Sadhukhan was recorded as a raiyat mokurari in respect of C.S. khatian No. 312 measuring 46 decimals of land of mouja Jaighura. On February 18, 1934, Jatindra Nath Sadhukhan, the original Defendant in the present suit, had taken settlement 2 cottahs out of the said land from Bhusan Chandra Sadhukhan by a registered kabuliyat. Subsequently, one Radharani Dassi acquired right, title and interest of Bhusan Chandra Sadhukhan in the said land. Thereafter, the Plaintiff Anila Bala by a kobala dated September 24, 1937, purchased right, title and interest of Radharani. The term of Jatindra's tenancy expired in the year 1943. Anila Bala had brought the instant suit for evicting Jatindra Nath Sadhukhan on the basis that Jatindra's tenancy was non-agricultural one. Jatindra had resisted the said suit, inter alia, contending that his tenancy was governed by the Bengal Tenancy Act and the Plaintiff was not entitled to evict him. Chittaranjan Mondal, the Respondent No. 1 in this appeal, is a transferee pendent lite from Jatindra Nath Sadhukhan and Chittaranjan Mondal was added as a party in the present case.

(3.) The principal point in this second appeal is whether or not the tenancy of Jatindra Nath was governed by the Bengal Tenancy Act and whether the Plaintiff was entitled to recover possession of the suit property from the Defendants.