JATU DAS Vs. SULOCHANA MUNDAIN

JUDGEMENT

(1.) This is an appeal by the plaintiffs from the decree dated 5-3-1949, of Mr. B. S. Tripathi, Additional Subordinate Judge, affirming the decree dated 24-7-1948, of Mr. M. M. Sahay Munsif. The suit was brought by the plaintiffs as raiyats for eviction of the defendants from 1,66 acres of land comprised in khata No, 12 in village Idalhatu substantially on the ground that the defendants were under-raiyats and had refused to vacate the land and give the plaintiffs khas possession even on service of notice to quit. The defendants resisted the suit on the ground that they had acquired permanent occupancy right in the suit land by adverse possession. Their additional plea was that the suit was incompetent as they had not been given any notice to quit the land.

(2.) The learned Munsif held that the defendants had not acquired any occupancy. right in the suit land. He further held that the question of acquisition of any tenancy right in the land by adverse possession did not arise as the defendants in the capacity of under-tenants could not prescribe against the landlord. He further found that there was no demand for possession, and after so holding he dismissed the suit.

(3.) On appeal, the learned Subordinate Judge held that the defendants had acquired a permanent tenancy right in the suit land by adverse possession and set aside the finding of the learned Munsif to that extent. He, however, held, in agreement with the learned Munsif, that there was no demand for possession of the land by the plaintiffs and, therefore, the suit was not maintainable. He accordingly affirmed the decree passed by the learned Munsif and dismissed the appeal.