BANWARILAL AGARWALLA Vs. ANKURNATH BANERJEE

JUDGEMENT

(1.) This is an appeal by the heirs of the original plaintiffs in a suit in which the defendant No. 1 (hereinafter referred to as the defendant) claimed a 'korkar' right. Both the Courts below have dismissed the suit.

(2.) The only question for decision is whether the defendant can be evicted from the land in suit. The case of the plaintiffs, who are co-sharer landlords, is that the land in dispute is 'bakasht' of the 'maliks' and they are entitled to joint possession. The case of the defendant, on the other hand is that the land was originally waste land and that he has made it fit for cultivation of transplated rice. He accordingly claims 'korkar' right and contends that he has acquired an occupancy right therein and is not liable to eviction. He also pleaded settlement of the land from all the co-sharer landlords.

(3.) The Court of appeal below has held that the defendant has acquired 'korkar' right and has acquired an occupancy right in the land in dispute and cannot be evicted.