BHIKARIRAM BHAGAT Vs. MAHARAJ BAHADUR SINGH

JUDGEMENT

(1.) The defendants were raiyats holding certain jamas under the father of the plaintiff at Nalbati. When the Bokhara station on the Nalhati-Azimganj Railway (broad gauge) was opened, the father- of the plaintiff wanted to establish a bazar. To do so he wanted shopkeepers to settle on his lands near the station. The defendant Bhikhari was asked to come and open a shop, and he did come and was given some lands to build his shop which would necessarily be his dwelling house also. He built a katcha thatched house and held his shop there for a time. Then after a short time he built a pakka room and subseqaently other pakka rooms and resided with his family there and held his shop as well. He acquired several raiyati jamas in this place also under the plaintiff, so that be is a raiyat under the plaintiff at Nalhati as well as this place called Sanko or Raipur Telkul. Being a raiyat at Nalhati he acquired the lands for building the shop where he resided, and then he became a raiyat at Raipur Telkul or Sanko and resided fin the shophuilding and carried on his agricultural operations from there.

(2.) The plaintiff, at first, sued to evict him as a trespasser but failed, the Court holding that the defendants were tenants and could not be ejected without a proper notice.

(3.) This suit was then brought after the service of a notice. The question whether the tenancy is governed by the Transfer of Property Act or by the Bengal Tenancy Act was raised in the previous case, but in view of the finding on the question of notice the Court did not think it necessary to go into the question. In this case the Trial Judge held that, as the land was originally taken for building a shop, it was governed by the Transfer of Property Act and made a decree for ejectment on the payment of Rs. 1,200 as compensation. On appeal by the plaintiff and cross-appeal by the defendants, the learned District Judge decreed the entire suit, allowing the defendants time to remove the materials of their pakka house.