JYOTISH CHANDRA MUKHERJEE Vs. PARIJAT DEVI

JUDGEMENT

(1.) This appeal is by the Plaintiff and it arises out of a suit for declaration of the Plaintiff's tenancy right in the suit property which is a tank and for a declaration that the R.S. record in respect of the same is erroneous and for confirmation of the Plaintiff's possession in the suit property and permanent injunction, restraining the Defendant from interfering with the possession of the Plaintiff in the suit property.

(2.) The suit tank is known by the name of Gopal Dighi. It is recorded in C.S. khatian No. 2032 as C.S. plot No. 4060 mouza Baoinchi.

(3.) According to the Plaintiff he was a lessee under the Defendant, who was the owner of the said tank, in respect of the, same and was in possession thereof by rearing and catching fish and also by using the banks thereof. The Plaintiff in proper of his claim oft tenancy relied, inter alia, upon a kabuliyat for nine years reciting a rental of Rs. 50 per year and sentencing the period of the lease as nine years commencing from Jaistha 22, 1358 B.S. The Plaintiff's further case was that, under the West Bengal Estates Acquisition Act, the Defendant's superior interest had vested in the State of West Bengal and the Plaintiff had become a direct tenant under the State in respect of the disputed tank.