RAMAUTAR MAHTON Vs. LATAK BIHARI SINGH

JUDGEMENT

(1.) IN all these appeals the defendants are the appellants. As one of the matters under consideration is common to all these appeals, they have been made analogous in this Court. The suit and the appeals before the lower appellate Court also had been heard together and they are governed by the same judgment.

(2.) I propose to deal, first with S. A. 1997-99 of 1948. These three appeals arise out of three title suits filed for realization of arrears of rent for the years 1349 to 1352 'Fasli' and for ejectment of the defendants-appellants. The case of the plaintiffs was that the area concerned in each of the three suits was included within the Patna City Municipality. The lands had been settled with the ancestors of the defendants for cultivation sometimes before the year 1900, on annual rentals. The plaintiffs alleged that the defendants were merely tenants at will and they were liable to be ejected whenever the plaintiffs chose to da so.

(3.) THE tral Court allowed the claim of the plaintiffs for ejectment and for arrears of rent at the rate admitted by the defendants. On appeal by the defendants the judgment and the decree of the trial Court were confirmed. Both the Courts below held that as the lands in suit lie within the Patna City Municipality the provisions of Bihar Tenancy Act do not apply to these cases. THE defendants have come in second appeal before this Court.