BASANTA KUMARI DEBI Vs. KALI TARA DASSYA

JUDGEMENT

(1.) This is an appeal by the defendant No. 1, and it arises out of a suit, instituted by the purchasers at a sale for arrears of Government revenue, to recover khas possession of some lands lying within the ambit of the estate purchased by the plaintiffs. The defendant No. 1 contested the suit: and her defence was that the disputed land was a portion of her homestead, on which there are a tank and some fruit trees and also that she had an occupancy right over the land. She, therefore, claimed protection, under exception 4 to Section 37 of Act XI of 1859 and the proviso to that section.

(2.) The first Court found that the defendant No. 1 had no occupancy right, but that she held a protected interest, under exception 4 to Section 37 of Act XI of 1859, and it, therefore, decreed the plaintiffs title to receive rent from the defendant No. 1, but rejected the prayer for ejectment.

(3.) The plaintiffs appealed to the Subordinate Judge, who decreed the appeal and allowed Khas possession to the plaintiffs.