RAMESWAR BORA Vs. DAKSHINPAT SATRA

JUDGEMENT

(1.) This appeal is by two defendants in Title Suit No. 17/74 on the file of the Assistant District Judge, Jorhat. Rameswar Bora an advocate and his son Dilipeswar Bora both are defendants in the suit and appellants in the appeal. The suit was laid against them for possession of land which in the plaint is described by boundaries and is said to measure 1200 bighas (99.18 acres). Out of the said land 72 acres is under tea cultivation. The suit land is known as Jadavpur Tea Estate at Holongapar Mouza in Jorhat district. The father and son are tenants of Jadavpur Tea Estate. Their lessor is Shri Shri Jadavrai Devata along with a religious institution Satra to whom in the distance past Ahomings granted inter alia the land for establishment and maintenance of a Satra. The grant is now known as Lakheraj Bhogobani Debottar grant.

(2.) The suit is laid by the Satra Adhikar Ramananda Dev Goswami. The father among the two defendants is said to be disciple of Satra Adhikar. The lease of the land commenced by Ext. 6 from March 26, 1966. The lease was to expire with the year 1995. The lease enabled the tenants to clear bushes, jungle and fell trees for tea cultivation. In 1967 when the leased land was surveyed and was found in excess by 99.18 acres. Therefore two deeds Exts. 7 and 9, on March 26, 1969 were executed in that the tenants agreed to pay additional rent of Re. 1/- per acre. The rent payable as per the above lease deeds was Rs. 16,000/- up to 1980 and Rs. 20,000/- up to 1995.

(3.) When tenants defaulted payment of rents on the due dates they were served notice of termination on June 28, 1973 as per Exts. 30 and 31, and sought possession of the suit land by the last day of the calendar year 1973.