JANAKI NATH ROY Vs. DINA NATH KUNDU

JUDGEMENT

(1.) These consolidated appeals arise out of two ejectment suits which were brought by the appellants, who claimed that they had effectively determined the tenancies of certain premises held by the respondents under two separate leases. The premises in question consisted of a hat, bazar, bandar and ghat, and some other lands at Khankhanapur. The Subordinate Judge decreed both suits and ordered that the plaintiffs recover khas possession. On appeal to the High Court both suits were dismissed.

(2.) Two points only were argued before this Board, viz. (1) whether the tenancies were capable of being determined by notice at the will of either party, and (2), if the tenancies were capable of being so determined, whether they had been effectively determined. The Subordinate Judge decided both points in favour of the appellants. The High Court decided the first point in favour of the respondents, and accordingly the second point did not call for any determination. The first question is purely one of construction of a registered kabuliyat executed on 21 September, 1900 and another executed on 4 August 1903. These documents define the terms of the two tenancies; but it will only be necessary to refer to the contents of the former because it was common ground that a decision upon the true construction of the earlier document would carry with it the same decision in regard to the later one.

(3.) The lessees had before the tenancy of 1900 enjoyed six previous leases of the property from Bepin Behari Roy, the predecessor-in-title to the appellants. These were all leases for fixed terms of years varying from three years to six years. Under four of these leases a premium had been paid. The latest of them was for a period of six years expiring with the end of the Bengali year 1307, i. e., mid-April 1901, the rent being Rs. 500 and the premium Rs. 2,000. The kabuliyat was dated 2 August, 1895, and was therein described as a " deed of temporary ijara kabuliyat."