DUKHIMONI DASI Vs. TULSI CHARAN

JUDGEMENT

(1.) HAVING regard to Section 116 of the Evidence Act the defendant cannot be permitted to deny that the plaintiff had a title to the possession of the land at a time when the license was given to enter into possession. In the circumstances a suit for use and occupation would lie. There is no question as to the amount due on that basis; it is Rs. 40 and there will be a decree for that amount with costs. The plaintiff will have the costs of the Rule which is made absolute. We assess the hearing fee at one gold mohur.