PITAMBAR GAIN Vs. RAMCHARAN MORAL

JUDGEMENT

(1.) This appeal arises out of a suit for ejectment of the defendant who is the appellant before us after service of notice to quit.

(2.) It appears that in 1901, the plaintiff's father brought a suit for ejectment against the appellant Pitambar and his brother Digambar from the disputed land and obtained a decree for Khas possession upon a solenama. In 1904, Pitambar and his brother Digambar instituted a suit against the plaintiffs for specific performances of the contract, alleging that at the time of the solenama there was an agreement between the parties that the plaintiff would grant a lease of the lands to them. The suit was decreed and the plaintiffs in the present case were given two months time to execute a registered lease and make it over to the defendants and it was directed that in default thereof, the lands would be measured on the defendant's application for the purpose, and that a patta on the terms mentioned in the judgment would be prepared and executed by the Court on the defendant's depositing the necessary stamp and costs of registration. In execution of the decree, the land was measured and the rent also was fixed, but the lease was not executed. It is stated that a patta was drawn up in favour of Pitambar alone, but it was not registered The defendant or his brother did not take any further steps in the matter and the execution case was struck off.

(3.) The plaintiffs served a notice under Section 49 of the Bengal Tenancy Act upon Pitambar alone and then brought this suit for ejectment.