SRIMATI SASHIBALA DEBI Vs. SRIMATI AMOLA DEBI

JUDGEMENT

(1.) This appeal arises out of a suit for ejectment, and it is preferred by the defendant. The suit was dismissed in the First Court, but decreed on appeal.

(2.) The plaintiff s case is that defendant is in occupation of a plot measuring about two cuttahs, as a tenant-at-will.

(3.) The defendant raised several pleas in her written statement but we are only concerned with two. The first is, that the holding of the plaintiffs in which the two cottah plot is comprised is an agricultural holding in the sense that it is, used for horticultural purposes, and the second is, that the tenancy was created before the Transfer of Property Act came into force, and that a presumption of permanency ought to be drawn.