AMBOR ALI Vs. NICHAR ALI

JUDGEMENT

(1.) This is a second appeal from the judgment and decree of the learned Subordinate Judge, Cachar, dated 28th February 1948, by which he affirmed the judgment and decree of the trial Court which had decreed the plaintiff's suit with costs.

(2.) The plaintiff-respondent brought a suit to eject the defendant from the lands in suit which, according to him, were settled on the defendant some 12 or 13 years before the institution of the suit at an annual rent of Rs. 20. He alleged that he required the land in suit for his own use and, after serving a notice on the defendant to vacate the lands, he brought the present suit.

(3.) The defence to the suit was that no valid notice had been served upon the defendant, and that the defendant had acquired occupancy rights over the property.