BRAHMAMOYEE BARMANI Vs. SHEIKH MUNSUR

JUDGEMENT

(1.) This is an appeal by the plaintiff in a suit for recovery of possession of land.

(2.) The case for the plaintiff is that the land was made over to the defendant for a period of eleven months on condition, first, that the defendant would bring the land under cultivation, would make over half the produce to the plaintiff and take the other half as his remuneration, and, secondly, that at the end of the eleven months, the defend ant would quit the land without notice. The defendant entered into possession but at the end of the prescribed period did not vacate the land. The result was the institution of this suit.

(3.) The defendant pleaded, contrary to the terms of the document executed by him in favour of the plaintiff, that he was an occupancy raiyat and was, not liable to be ejected. He alleged that he was at the date of the execution of the document, a settled raiyat of the village holding other lands, and that as he became a tenant of the disputed land the moment the deed was executed and he entered into possession thereunder, he forthwith acquired the status of an occupancy raiyat in respect of the land in suit. Mr. Justice Newbould has accepted this contention and has dismissed the claim for ejectment.