JAI NARAIN RAUT Vs. MTDHANESHARI

JUDGEMENT

(1.) This is an appeal by the defendants who are under-raiyats under the plaintiffs.

(2.) In 1926 the plaintiffs served on the defendants a notice under Section 49, Bihar Tenancy Act, calling upon them to vacate the land in dispute. As the defendants did not comply with this notice, the plaintiffs sued in ejectment in 1937. The suit was decreed and the defendants appealed. While the appeal was pending in the Court below Act 11 of 1938 was passed by the Bihar Legislature. The effect of that section is that where an under raiyat has, for a period of 12 years, whether wholly or partly before the commencement of the new Act, continuously held land as an under-raiyat he is deemed to have acquired, on the expiration of that period, a right of occupancy.

(3.) Under Section 48B, which was introduced by the same Act 11 of 1938, an under-raiyat who has acquired a right of occupancy under Section 48A is subject to the same, provisions with regard to eviction as an occupancy raiyat. The Court of appeal below, however, dismissed the appeal and the defendants have appealed to this Court.