RAMNATH RAM Vs. JAMUNA PRASAD

JUDGEMENT

(1.) This is a defendant's appeal in a suit in ejectment and for recovery of arrears of rent for the years 1347 to 1350. The plaintiff's father Raghunandan, had let out 2 bighas 3 kathas of kasht lands for the purpose of cultivation on a rental of Rs. 24/- to the defendant for a period of five years from 1346 to 1350 Ps. The defendant had executed a registered kabuliat on the 5-9-1938, to that effect. The defendant defaulted in payment of rent for the years in sit. Hence, the plaintiff instituted the suit for the reliefs already stated. The basis of the claim for ejectment is that defendant is an under-raiyat holding his interest for a term of years under a registered document, and hence liable to ejectment without any further notice to quit on expiry of the term of the written lease.

(2.) The defendant, on the other hand, denies the aforesaid settlement of date 5-9-38, and claims to have been in possession as shikmidar since 1327 Fasli, and, as such, to have acquired a right of occupancy under Section 48-A of the Bihar Tenancy Act (inserted by an amending Act of 1938). The right to recover rent at the rate of Rs. 24/- is also challenged. According to the defendant, the kabuliat was obtained from him by the plaintiff through, fraud.

(3.) The facts found by both the Courts below are (1) that the defendant was in possession as 'shikmidar' of the disputed lands along with some other lands since 1328 to 1344; (2) that at the end of 1344 or beginning of 1345 the defendant surrendered possession of the under-raiyati holding and the plaintiff re-entered; (3) that thereafter the plaintiff sold a portion of those very lands and built a bungalow and sank a well on another portion and was in possession of the rest by khas cultivation throughout the year 1345; and (4) that thereafter the present settlement took place by virtue of which the defendant was inducted into the lands in suit in the year 1346 under a written lease for a term of 5 years (1346 to 1350 inclusive).