ROY JATINDRA NATH CHOUDHURY Vs. AZIZARRAHAMAN SHANA

JUDGEMENT

(1.) These appeals arise out of three suits to eject the defendant from the holdings in suit, the plaintiff's case being that the tenant who held the lands under them had no transferable interest in the same and abandoned the holdings after selling them to the defendant, and that the latter, therefore, had acquired no right under his purchase but was merely a trespasser on the land.

(2.) The defence was, that the defendant was a tenant and could not be ejected as a trespasser. Among other things, the defendant relied upon a decision in a proceeding under Section 106 of the Bengal Tenancy Act in his favour.

(3.) It appears that the defendant was entered in the Record of Rights as tenant of the lands and this was after the purchase of the holding by the defendant. The plaintiff thereupon brought a suit under Section 106 of the Bengal Tenancy Act for the correction of the entry, on the ground that the defendant was not a tenant. The Revenue Officer, under Section 106, decided that the defendant was a tenant and that the entry in the Record of Rights was correct.