DEO NANDAN PERSHAD Vs. MEGHU MAHTON

JUDGEMENT

(1.) This is a second appeal in a suit brought by the plaintiffs, Deo Nandan Pershad and others, to eject the defendant Meghu from some land. The plaintiffs are auction-purchasers at a sale for arrears of revenue. They allege that the defendant Meghu is a trespasser, having been inducted into the land by the former proprietor, Fudri Babu, at a time when his interest in it had passed away from him.

(2.) The learned District Judge has held that the defendant is a yearly tenant and as such entitled to a notice to quit, and as no such notice was given him he has dismissed the plaintiffs suit.

(3.) The plaintiffs appeal and contend that the finding of fact has been arrived at in a wrong way, inasmuch as the Judge has not given due weight to the fact which he himself has found, viz., that the defendant was inducted into the land in 1307, when Fudri Babu, the defendant's lessor, had ceased to be the owner of the land, and further that the defendant being a mere tenant-at-will is entitled to no notice.