RAJ KRISTO GHOSE Vs. BATA KRISTO GHOSE

JUDGEMENT

(1.) This appeal arises out of a suit brought by the plaintiff for recovery of possession of certain lands on the allegations that he let out these lands to the defendant for a period of nine years and the defendant executed a kabuliyat on the 28 June 1906. This suit was brought after the expiry of the term of the lease after notice to quit was served upon the defendant. The defence of the defendant was that he never executed the kabuliyat and that the plaintiff was a niskardar; therefore he was a tenant under him and that, therefore, the defendant was a raiyat and as such was not liable to ejectment after the expiry of the term of the lease.

(2.) The Court of the first instance found that the defendant did execute the kabuliyat and that the lands were garden lands and let out to the defendant not as a raiyat, and as the term of the lease had expired ho gave a decree for possession to the plaintiff.

(3.) On appeal by the defendant there was a remand by the lower appellate Court and on a second appeal to this Court that order of remand was modified and ultimately the case went again before the trial Court and the trial Court again came to the same conclusion as it did before and gave a decree to the plaintiff for possession. Against that decree the defendant appealed to the learned District Judge who has reversed the decree of the Munsif and has dismissed the plaintiff's suit.