ISMAIL KHAN MAHOMED Vs. JAIGUN BIBI

JUDGEMENT

(1.) This appeal arises out of a suit brought by the plaintiff-appellant, for ejectment of the defendant-respondent from a plot of land, and for arrears of rent, on the allegation, that the plaintiff is lessee of taluq No. 99 on the register of 24-Pergunnahs Collectorate under the mutwali or manager of the Hughli Imambara, who holds that taluq as trustee of the endowment; that the defendant in possession of the plot of land in dispute is a tenant-at-will under the plaintiff; that the plaintiff gave the defendant, as he is entitled by his lease to do, a notice to quit the land in suit; and that the defendant has not complied with the notice.

(2.) The defence was that the defendant knew nothing of the taluq No. 92 being wakf or endowed property; that the defendant was not a tenant-at-will; that the notice was bad in law; that the land in dispute was part of an ancient mourasi mocorari holding of Nizam Mistry and was purchased by Shadhu Serang in 1256 from Gholam Kadir who had obtained the greater part of that holding under a compromise decree against Nazim Mistry's widow; that Shadhu Serang erected a pucca building on the land; that the land with the building has, by successive transfers, come to the hands of the defendant, who has built another pucca house on the land and has been holding the same as a permanent tenure on payment of the fixed rent of Us. 2-11-8; and that by the local custom of taluq Kidderpore tenants of homestead lands have permanent rights in the same.

(3.) The Court below overruled the objection to the notice, but dismissed the suit for ejectment on the ground that the defendant had a permanent right to the land, and it gave the plaintiff a decree only for arrears of rent.