DHARANI BAID Vs. SADHU CHARAN RAM BISWAKARMA

JUDGEMENT

(1.) THIS appeal arises out of plaintiff's suit for evicting the defendant from a piece of land appertaining to holding No. 148 of Ward 4 of Nowgong town. The defendant was admittedly let into occupation of the land under a registered lease dated 12 -9 -1927 on an annual rent of Rs. 24/ -. The lease was for a period of three years and on its expiry plaintiff's case is that the defendant continued to be in possession on payment of rent to the plaintiff. A notice for ejectment of the defendant was duly served and the suit was instituted.

(2.) BOTH the Courts below have found in favour of the plaintiff so far as the plea of misjoinder or nonjoinder is concerned. The Courts below also disbelieved the question of purchase set up by the defendant. The trial Court however found that there was no relationship of landlord and tenant, that the notice to quit was invalid and that the suit was barred by limitation under Article 139, Limitation Act.

(3.) ONE observation which the learned Munsiff makes in this connection is that the transactions which have been shown by the plaintiff from his account books are in the name of the firm 'Sadhu Charan Arghanan' which is the name of the firm of the defendant. The learned Munsiff thinks that because the name of the firm appears therefore the evidence was of no value in determining the relationship of landlord and tenant between the plaintiff and the defendant, the tenancy being in the personal capacity of the defendant.