UMEDULLA SARDAR Vs. RAM CHANDRA BHADURI

JUDGEMENT

(1.) The defendant-appellant's contention that the suit should have been dismissed, inasmuch as it prayed for ejectment and that relief could not be granted, cannot, in our opinion, be sustained for other relief was sought which was within the Court's jurisdiction and has in fact been granted. The only question is whether it was right to grant this relief. It is common ground that the record-of rights was prepared on the application of the proprietor under Section 103 of the Bengal Tenancy Act, which empowers the Revenue Officer to ascertain and record all or any of the particulars specified in Section 102.

(2.) The proprietor questioned the propriety of an entry which purported to show defendant as the purchaser of the Jote-rights in certain plots of land on the ground that these rights were not transferable and the Revenue Officer, deciding in the plaintiffs favour, ordered that "the plaintiffs be declared as entitled to have the plots in their khas possession and that the defendant be declared as a mere trespasser over them," and he directed that a note of this be made in the Settlement Record. The declaration is really nothing more than a decision that the relationship of landlord and tenant does not exist between the litigating parties and this is a matter the Revenue Officer is expressly authorised to decide ( Section 106).

(3.) The decision obviously negatived the defendant's right to be entered as a tenant and the only question is whether he should have been entered as occupant.