SHYAM JHULAN PRASAD SINGH Vs. SATRUHAN PRASAD SAHI

JUDGEMENT

(1.) The plaintiffs-appellants are some of the cosharer landlords of a holding consisting of two plots, Nos. 1120 and 1121, held by the defendants first party as an occupancy raiyati holding. The defendants second party are the other co-sharer landlords. The suit was brought to eject the defendants first party from the holding on the ground referred to in Section 25(a) Bihar Tenancy Act, for having used the land comprised in the holding in a manner rendering it unfit for the purposes of tenancy, that is to say, by constructing three houses, not for agricultural purposes but for subletting, and by digging a ditch. Notice in accordance with Section 155, Sub-section (1) was said to have been served through the Munsif's Court on behalf of the predecessor of the plaintiffs and defendants second party, who was the 16 annas landlord.

(2.) The compensation demanded was Rs. 50. The Munsif found that three houses had been constructed and a ditch excavated, and that the construction and excavation had been a misuse of the land in a manner rendering, it unfit for the purposes of the tenancy. He held that the measure of compensation should be Rs.20 and he passed a decree for ejectment unless the defendants first party-paid compensation and restored the land to its original condition within three months by removing the houses and filling up the excavation.

(3.) On appeal the Subordinate Judge held that the construction of two of. the houses had been for legitimate agricultural purposes and had not been a misuse, but the construction of the third house and excavation of the ditch were a misuse. He, however, dismissed the suit on two grounds: first, that the notice served on the defendants first party was not in accordance with law and, therefore, the suit was barred by Section 155(1).