BIJLI SAHU Vs. BAHADUR MAHTON

JUDGEMENT

(1.) Defendants are the appellants. They have appealed from the judgment of the learned Additional Subordinate Judge, Begusarai, confirming the judgment and decree of the trial court decreeing the plaintiffs' suit.

(2.) Two points have been raised by Mr. Bindeshwari Chaudhary, who appeared for the appellants, in support of. the appeal: (i) that the suit was not maintainable in view of Section 49 -C of the Bihar Tenancy Act, 1885, as amended by the Bihar Tenancy (Amendment) Act, 1955, (Bihar Act 19 of 1955)(hereinafter referred to as the Act of 1955), and, (ii) that the defendants were 'privileged tenants' and, therefore, in view of Section 8 of The Bihar Privileged Persons Homestead Tenancy Act, 1947, (Bihar Act 4 of 1948), (hereinafter referred to as the Act of 1948), they could not be ejected, except on the grounds mentioned in Section 8 of this Act, which do not exist in the present case.

(3.) In order to appreciate the points raised, it would be useful to state briefly the material facts of the case: