SUDARSAN DAS Vs. BHAJU SAHU

JUDGEMENT

(1.) This appeal arises out of a simple suit in ejectment filed by the plaintiffs- appellants, for recovery of possession of the disputed lands situated in Barpalli, in Sambalpur District, from the defendants who are described as "sub-tenants' under the C. P. Tenancy Act. The plaintiffs' claimed the right to eject the defendants, as the latter were in arrears of rent due for the years 1942-43 and 1943-44 at Rs. 21/- a year. It is not denied that the defendants are recorded as 'subtenants' in the successive Settlements. But the claim made on 'their behalf is that they have acquired a permanent occupancy right in the disputed lands by reason of their long occupation extending; for over fifty years, at a uniform rent of Rs. 10/- and that they, were not liable to be evicted. The Trial Court held that the defendants had failed to prove their case of permanent tenancy and granted a decree in ejectment to the plaintiffs, subject, however, to the payment of compensation in respect of some improvements said to have been made by the defendants. The learned Subordinate Judge, on appeal differed from the finding of the learned Munsif, and held that the defendants were not liable to eviction as, in his view, they had acquired a right of permanent tenancy in the lands by paying a uniform rate of rent for at least sixty years, for the disputed land, and as the landlord had never attempted to eject them or their predecessor at any time before. He accordingly allowed the appeal.

(2.) The circumstances relied on by the defendants in support of their case are :

(3.) The C. P. Tenancy Act classifies tenants in. Section 3 as 'absolute occupancy tenant, 'occupancy tenant', 'village service tenant', 'sub-tenant' and 'ordinary tenant'. So far as the district of Sambalpur is concerned, there are no absolute occupancy tenants, and the tenancy rights are not as complicated as in many other districts of the Central Provinces. 'Village service tenants' and tenants of home farm or bhogras have occupancy rights but all other sub-tenants of land have only a precarious tenure. The sub-tenants of bhogra acquired the right by agreement with the gaontia and the rent arranged between them is fixed by contract. The ordinary form of sub-tenancy of raiyat land or bhogra land is by way of an usufructuary mortgage known as 'chirol.' These subtenants are also loosely known as 'sikimi' tenants, and are recorded as such in the khatians prepared by Settlement officers which show the name and other particulars of the sub-tenant and the rent paid by him. No separate sikimi khatians are prepared for the sub-tenants. In cases where they had acquired a permanent right, as in the case of bhogra plots, and where this is proved, the fact is noted in the remarks column of the khatian. The rights of these sub-tenants and their status is defined in Chap. 6, C. P. Tenancy Act. A sub-tenant is defined as one who is not an occupancy tenant, nor an absolute tenant and who holds land from another tenant. His tenure is regulated by contract between him and his landlord, and the period of his tenancy cannot ex tend beyond one year under Section 60 of the Act. In certain areas, however, in which the local Government may declare Section 61 to be in force, (sic) acquire the status of an ordinary tenant. It is clear therefore that so far as the Act is concerned it confers no right of permanent tenancy on a sub-tenant of raiyati land.