GOSTA BEHARI GHOSE Vs. PANCHANON JELEY

JUDGEMENT

(1.) This appeal raises an interesting question of law, namely, whether an underraiyat who holds his land under a lease for a limited term and against whom a suit for ejectment brought by his landlord on the expiry of the term has been dismissed on the ground of special limitation, as provided in Article 1(a) of Schedule III of the Bengal Tenancy Act, continues to possess his land as a tenant or as a trespasser without any right.

(2.) The allegation of the plaintiff in the Trial Court was briefly the following:

(3.) Defendant No. 1 of the Trial Court, Aghore Chandra Jeley, took an under-raiyati lease from one Akshoy Kumar Ghose, predecessor-in-interest of the plaintiff-appellant for a term of nine years from 1342 to 1350 B.S. at an annual rent of Rs. 18/-. A kabuliayat was executed on 21st Pous, 1342 B. S. by Aghore's son Panchanon Jeley who is defendant No. 2 in the Trial Court. The case of the plaintiff was that the two defendants did not give up possession of their land on the expiry of the term of lease. So the plaintiff who is the present landlord of the under-raiyati holding in suit claimed damages for use and occupation of the land for the years 1351 to 1353 B. S. The total amount of claim was laid at Rs. 237/-. Alternatively the plaintiff claimed rent from the defendants should his claim for damages fail.