ASWAP ALIBEPARI Vs. DULA MIA

JUDGEMENT

(1.) When this appeal was before us previously we sent back the matter to the lower. Appellate Court for certain findings to be recorded.

(2.) Firstly, whether the defendant was or was not a permanent raiyat with rights of transfer in the land. Secondly, whether the defendant was or was not a settled raiyat of the village in respect of other lands and whether in addition to the homestead there was any other land other than a strip of garden land. Thirdly, as to whether or not any improvements had been effected by the defendant on the land and whether such improvements had been effected with the landlord's assent and the value thereof.

(3.) The learned Munsif to whom the case was remitted has now returned it with the following findings. He holds that the plaintiff is an occupancy raiyat without the right of transfer and permanency, in his holding. Secondly, that the defendant is a settled raiyat of the village-in respect of lands other than the land in question and that he had acquired rights of occupancy therein. He further finds that the defendant's tenancy which is in dispute includes other culturable (rial) lands besides the homestead and a strip of garden. He finds that the area of the culturable land is not less than 2 kanis and that the whole of the land of the defendant's tenancy lies about his homestead and is appurtenant thereto. Lie also finds that no improvements have been effected by the defendant with the assent of the landlord, express or implied, and he assessed the value of the improvements carried out by the defendant at Rs. 300.