TRILOCHAN NEOGI Vs. IBRAHIM DUNAN

JUDGEMENT

(1.) This is an appeal in a suit brought by the plaintiff who sought to recover possession of a certain plot of land on declaration of his Jote right to the same.

(2.) The plaintiff's document of title is a lease bearing date the 17 March 1896 granted by the manager of the estate of a certain lunatic appointed under Act XXXV of 1858. In that lease the manager conferred an ordinary Jote right on the lessee; he did not specify any term. There was a covenant for cultivation, and provision was made for ousting the tenant from the land in certain contingencies.

(3.) The defendant, however, set up a lease of later date granted to him by one of the sons of the lunatic called Jogendra Narain Mujumdar.