ABDUL HAKIM KHAN CHAUDHURI Vs. ELAHI BAKSHA SHA

JUDGEMENT

(1.) This is an appeal by the plaintiffs and the question raised in this appeal is whether upon the facts found by the lower Appellate Court, the presumption that the tenancy is a permanent one is correct in law. The Munsiff held that the presumption did not arise but the Subordinate Judge has held that it did. The fact shortly stated are these:

(2.) Plaintiffs are the owners of a kaimi mokurarijote and the land in suit is a piece of bantu land situated within the Municipality of the town of Rajshahye and was let out to Golab Saha, the father of the defendant, above 44 or 45 years ago, by the mother of the plaintiffs apparently for dwelling purposes. Plaintiffs served a notice to quit on the defendants and after the expiry of the term bring this suit for khas possession of the lands, giving the defendants the option to remove the houses standing thereon, which, the plaintiffs allege, are of an unsubstantial character.

(3.) The defence of the defendants inter alia was to quote the words of the learned Munsiff, " that the defendants and their predecessors-in-interest having resided on the disputed land for a long time by erecting pucca and kucha structures on payment of a uniform rate of rent and the tenancy having been treated as heritable, the jote in suit is a kaimi mourashi Mokurati one."