MOTI SINGH Vs. BASU

JUDGEMENT

(1.) These two appeals relate to the same facts and are against a judgment and decree of the Chief Court, Chamba, dated 26-8-2003, affirming a judgment and decree of the District Court, dated 26th Baisakh 2003, and reversing the decree of the Subordinate Judge dated 4th Poh 2002, resulting in the dismissal of the plaintiff's suit.

(2.) The only point of law involved in these appeals is, whether a tenant, enjoying Page 1 of 5 Moti Singh and Ors. vs. Basu and Anr. (06.04.1949 - HPHC) cultivable possession for a long period over twelve years but paying half produce or Batai to the land lord, can acquire occupancy rights.

(3.) The facts in brief are that Moti Singh, the plaintiff, brought the suit for ejectment against one Basu and his brother, Jaimal, sons of Sarda. He brought another suit for ejectment against Mahant. The grounds of both the suits were that Basu, Jaimal and Mahant were tenants-at-will paying half Batai to him as landlord. They were not regularly paying the landlord's share and should, therefore, be ejected.