ANANDA MOHAN SAHA Vs. GOBINDA CHANDRA RAT CHOUDHURY

JUDGEMENT

(1.) These appeals arise out of suits for ejectment of the defendants from certain homestead lands in the town of Brahmanberia. The suits were decreed by the Court of first instance, and the decrees were confirmed on appeal by the lower Appellate Court. The defendants Nos. 2 and 3 have appealed to this Court.

(2.) The plaintiffs alleged that they acquired a right to the lands in suit by purchase from one Kamini Kumar Das who had obtained two mokurari leases from one Channu Mia and others, the owners of the 1/3rd share of the Taluks Manik Bibi and Asadulla Bibi Somera within which the lands were situate. The defendants denied that the lands appertained to the Taluks. Manik Bibi and Asadulla Bibi Somera as alleged by the plaintiffs, and asserted that they appertained to the 2/3rds share of Taluk Asadulla Bibi Somera owned by Haidar Ali and others, the lands of which share are found to be distinctly demarcated from the 1/3rd share and to form a separate estate. They further pleaded that the persons who granted the mokurari leases were not the sole owners of the taluks to which the lands were alleged by the plaintiffs to appertain. Those questions, however, have been decided by the Courts below in favour of the plaintiffs and we agree with the Courts below on these points.

(3.) The defendant Ananda Mohan Saha purchased the lands in dispute in suits Nos. 141 and 43 in his own name and took leases in the other two cases in the benami of the defendant Bepin from the former tenants. The defence substantially was that the former tenants had permanent and transferable rights to these lands, and that in any case a 15 days notice to quit was not sufficient in law to determine the tenancies. Some other pleas were taken in defence, but they were overruled and the findings on these points have not been challenged in appeal.