PARAN CHANDRA POREL Vs. HARI PRIYA DASSY

JUDGEMENT

(1.) THIS Rule is directed against an appellate order for possession passed against the thika tenant. The petitioner and one Bhuban Chandra Porel, father of opposite party No. 2, were thika tenants under one Chancharkeshi Dasi, now deceased, in respect of about 6 cottahs of lands, bearing No. 22/1, Kaibarta Para Lane within, Police Station Malipanchghora, District Howrah.

(2.) BY a notice to quit the said Chancharkeshi Dasi terminated the tenancy of the petitioner and the said Bhuban Chandra Porel with the expiry of the month of Chaitra, 1358 B. S. On the failure of the said tenants to quit, in terms of the notice, the said Chancharkeshi Dasi started proceedings under section 5 of the Calcutta Thika Tenancy Act for ejectment of the tenants.

(3.) THE case made by the then landlord Chancharkeshi Dasi was that the tenants were defaulters and that she required the land for personal requirement of herself and of persons living with her in her family. On the evidence adduced on behalf of the landlord, the Controller came to the conclusion that the requirement of the landlord for her own occupation and occupation of her daughter and grandchildren was established. In that view of the matter, the Controller allowed the claim for eviction of the tenants. Against the aforesaid order, the petitioner preferred an appeal to the appellate authority below.