DALCHAND KOTHARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The disputed land, measuring 11,732 sq. ft., is situate at Kalijhora Bazar, Sevoke Range, within a Reserved Forest area of Kurseong Forest Division.

(2.) The Defendant is in occupation of the disputed land.

(3.) It is in evidence that the Defendant had at first been granted a permit (Ext. B) to maintain a tea shop, measuring 725 sq. ft., -within the Reserved Forest area. That permit was for one year from April 1, 1941, to March 31, 1942. Excepting oral assertion, made on behalf of the Defendant, there is little else to show that this permit was renewed in subsequent years, but we are prepared to believe that the permit was renewed from year to year, may be on varying terms and conditions.