SHASHI MOHAN SUTRADHAR Vs. BIPIN BEHARY KARMOKAR

JUDGEMENT

(1.) Judgment.--This appeal arises out of an action brought by the plaintiffs for ejecting the defendants from the land in suit on the allegations that defendants Nos. 1 and 2 had resided upon the said land and enjoyed the fruits of the trees thereon, that they had no transferable interest in the land, that the said defendants since 1304 had been residing in a different village abandoning the land in suit and ceased to pay rent; and that the defendant No. 4, who was in possession of the land as transferee of the defendants Nos. 1 and 2, had no right to occupy it.

(2.) The defence of the defendants Nos. 2 and 4 was to the effect that there was no abandonment and that they never ceased to pay rent.

(3.) The land is partly horticultural and partly homestead.