LAWS(PVC)-1925-4-4

PRASANNA KUMAR DATTA Vs. KEDARNATH SAMANTA

Decided On April 30, 1925
PRASANNA KUMAR DATTA Appellant
V/S
KEDARNATH SAMANTA Respondents

JUDGEMENT

(1.) In the suit out of which this appeal has arisen the plaintiff sued to eject the defendant on the ground that he was an under-raiyat and that he had served upon him notice to quit.

(2.) The first Court decreed the suit.

(3.) The defence of the defendant was that he was not an under-raiyat but a raiyat with a right of occupancy, the plaintiff being a tenure-holder. He also appears to have contended in his written statement that the holding in question was not an agricultural holding. The trial Court decreed the plaintiff's suit holding that the plaintiff was an occupancy raiyat and the defendant an under-raiyat. On appeal the learned Subordinate Judge held that the land in question was governed not by the provisions of the Bengal Tenancy Act but by the provisions of the Transfer of Property Act and that the kabuliyat on which the defendant relied granted a permanent right. He further held that even if the land was not governed by the provisions of the Transfer of Property Act but by those of the Bengal Tenancy Act, the defendant was raiyat and so was not liable to be evicted. He held that if the case was governed by the Bengal Tenancy Act the plaintiff on his own showing was a raiyat at a fixed rate of rent, and, therefore, he was competent to grant a permanent lease of the land in question in view of the decision in the case reported as Amar Chand Roy V/s. Prasanna Dasi 25 C.W.N. 9.