GADADHAR DEY Vs. SM RANI BALA DASI

JUDGEMENT

(1.) This appeal is on behalf of the plaintiff in a suit for recovery of Rs. 25 as compensation for cutting a way and appropriating a mango tree by the defendant. The plaintiff's case is that the defendant is a non-permanent thika tenant who has only the right to enjoy the fruits of trees that may be on the land but she has no right to cut away any trees even those grown by her. The defendant had removed a mango tree and the plaintiff had accordingly filed this suit for the recovery of Rs. 25 as compensation.

(2.) The defendant admits that she had cut and appropriated the mango tree planted by her predecessor-in-interest and she contends that she has a right to do so under the law.

(3.) The plaintiff's witness having admitted that the defendant and her predecessors had been in possession of the disputed land for over 100 years, the mango tree in question was held by the learned Munsiff, to have been planted by the defendant's predecessor--a case as made by the defendant. The particular land is now situate within the municipal area in the town of Serampore and is used as a homestead and garden. The learned Munsif held that the tenancy was governed by the Transfer of Property Act, the defendant had the right to cut away and appropriate the tree. The suit was accordingly dismissed.