DEBENDRA NATH DHANG Vs. PASHUPATI NATH DEB

JUDGEMENT

(1.) This is a Letters Patent Appeal from the judgment of Cuming, J., sitting in second appeal, the learned Judge having granted leave to appeal under Section 15, Letters Patent.

(2.) The suit has reference to a plot of land in Howrah lying between Howrah Road and the river. The size of the plot is 8 cottas. The Munsif inspected it on 7 April 1926. He found an old boundary-wall on the north side of it, a pucca privy and a square pucca garh some 11 1/2 feet long, 10 feet broad with a 3 feet wide verandah; height about 8 feet 10 inches above the plinth. There were certain tile-roofed huts some of which had brick walls. The plaintiff has a mukarrari right under the zamindar and ho contends that the tenancy is a monthly tenancy which he has determined by service of notice to quit. The contention of the defendants is that the tenancy is an old one, in origin anterior to the Transfer of Property Act of 1882, that it was given for residential purposes and is a permanent tenancy.

(3.) It was held by the Judicial Committee in the case of Dhanamal V/s. Moti Sagar that the question whether a tenancy is permanent is not to be treated as itself a mere question of fact. Actual findings of fact by the lower appellate Court, how-lover are binding upon us.