BAUL CHANDRA CHAKRAVARTI Vs. NISTARINI DEBI

JUDGEMENT

(1.) The suit out of which this appeal arises was brought to recover possession of certain land. The plaintiff is the transferee of the interests of the former owner of the land, who granted a lease of it to one Bama Sundari Debi, the mother of the defendant No. 1. In a suit in 1877 between (he predecessor of the plaintiff and Bamasundari a solenama was entered into by which the plaintiff in that suit granted a mokarari jama to Bamasundari at a rent of Rs. 21-3 for her lifetime, reserving the right to re-enter after her death. Bamasundari Debi died in 1902; and her daughter and another person are now in occupation. The present plaintiff therefore sues to establish his right of re-entry and to eject the defendants.

(2.) The lower Courts have found that the defendants occupy the position of occupancy miyats and cannot be ejected, and, furthermore, that it was necessary before ejecting them to give notice to quit.

(3.) The plaintiff now appeals to this Court; and the learned pleader, who appears on his behalf, calls attention to the terms of the solenama, dated the 5 January 1879.