HAMED MONDAL Vs. SUDHANGSU SEKHAR GHOSE

JUDGEMENT

(1.) This Rule was obtained by the Petitioner, who was a bhagchashi, against an appellate order of the learned Munsif allowing his eviction but, at the same time, refusing the opposite parties' claim for share produce. The ground of eviction was contravention of the provisions of the statute (West Bengal Land Reforms Act) in the matter of delivery of produce to the owner or jotedar. In the present proceeding, in addition to the claim for eviction, there was also a claim for recovery of the share produce which was alleged not to have been delivered by the bargadars.

(2.) The Bhagchash Officer disallowed the claim for eviction but allowed the opposite parties' claim for the barga produce which he valued at Rs. 80.

(3.) On appeal, the learned Munsif held that, as before him the claim for barga produce was given up, the jotedar. was entitled to an order for eviction.