BIRENDRA KISHORE MANIKYA Vs. BHUBANESWARI

JUDGEMENT

(1.) This is an appeal on behalf of the plaintiff in a suit for ejectment, and, in the alternative, for assessment of rent under Section 157 of the Bengal Tenancy Act.

(2.) It appears that the first defendant alone is registered as tenant in respect of the disputed land in the books of the landlord, though the second and the third defendants also are jointly interested in the tenancy. The plaintiff sued the first defendant for, recovery of arrears of rent. That defendant denied the title of the plaintiff, and the result was that the action for rent was dismissed. The plaintiff now sues to eject all the defendants on the ground that the tenancy has been forfeited by disclaimer. He also prays that, if the tenancy has not been forfeited, fair and equitable rent may be assessed.

(3.) The Court of first instance declared the title of the plaintiff, but dismissed the claim both for possession and assessment of rent. Upon appeal by the plaintiff, the Subordinate Judge has declared that the title of the first defendant as tenant has been forfeited; but he has held that the plaintiff is not entitled to a decree for possession, as the second and third defendants are not liable to be ejected.