ASSAM BROOKES LTD Vs. LAL BAHADUR

JUDGEMENT

(1.) This is an appeal by the plaintiff which arises on the following circumstances. The appellant as plaintiff instituted a suit against the sole respondent/as defendant for eviction of the defendant from the suit land.

(2.) The plaintiff inter alia pleaded that the defendant was his employee in one of the Tea Estates and was dismissed from service on 29.11.1976. Plaintiff also pleaded that taking advantage of his employment, defendant trespassed into the suit land illegally, hence the suit for eviction.

(3.) The defendant contested that suit, filed its written statement pleading inter alia that he had been in continuous possession over the suit land since 1962 as an occupancy tenant of the plaintiff, therefore, he is not liable to be evicted as sought for protection granted by the Assam (Temporarily Settled Areas) Tenancy Act, 1971. The learned Trial Court framed the following issues :