ABDUL KARIM PATWARI Vs. ABDUL RAHMAN

JUDGEMENT

(1.) This is an appeal on be-half of the plaintiff in a suit commenced by him for ejectment of the defendant under Section 49 of the Bengal Tenancy Act on the ground that he held under a lease the term whereof had expired. It appears that three persons, by name, Zahiruddin, Abdur Rahim and Samiruddin were tenants of a ryati holding. Samiruddin transferred his one- third interest in the holding to the plaintiff on the 9th May 1899, and took from him a sub- lease of the homestead for a term of 9 years. The case for the plaintiff is, that although the term has expired the defendant has not vacated the land. The defendant resists the claim on the ground that under the terms of the lease he is entitled to continue in occupation even after the expiry of the term thereof.

(2.) The Court of first instance held that the incidents of the tenancy were regulated by the provisions of the Bengal Tenancy Act and that under Section 49 Clause (a) the defendant was liable to be evicted. Upon appeal the Subordinate Judge has held that the incidents of the tenancy are regulated by the provisions of the Transfer of Property Act and the defendant is consequently not liable to be ejected.

(3.) In the present appeal it has been contended on behalf of the plaintiff that the view taken by the Subordinate Judge as to the applicability of the provisions of the Transfer of Property Act is erroneous and that the defendant is liable to be ejected under Section 49(a) of the Bengal Tenancy Act. In our opinion the view taken by the Subordinate Judge as to the applicability of the provisions of the Transfer of Property Act cannot be supported, but the decree he has made is correct and ought to be affirmed.