KAZI TAUFIQUOR RAHMAN Vs. BEWA ELACHI BIBI

JUDGEMENT

(1.) THIS is an appeal under Clause 15 of the Letters Patent against the judgment of Pathak, J. dismissing the plaintiff appellant's appeal arising from a suit instituted by him for ejectment of the defendant -respondent from the suit land on the ground that it was required by him (plaintiff) for his bona fide use. The plaintiff's suit had earlier been dismissed by the learned Sadar Munsiff, which dismissal was affirmed by the learned Additional District Judge, Gauhati upon appeal.

(2.) THE plaintiff's case is that he is the absolute owner of the suit land, which devolved on him by virtue of a registered deed of gift from one Kazi Kayambir Rahman. The defendant -respondent was a tenant of Kazi Kayambir Rahman and upon the aforesaid gift became the plaintiff's tenant. The defendant was served by the plaintiff with a registered notice to vacate the suit land, which she failed to do. The suit for ejectment was filed thereon, with results as stated aforesaid.

(3.) THIS appeal under Clause 13 of the Letters Patent is thus, against the judgment of the learned single Judge, primarily on the ground that the question of the plaintiff's title should have been adjudicated in this suit for ejectment and the learned Judge in not having done so fell into an error.