KSHETRA NATH DUTT Vs. NITYANANDA MONDAL

JUDGEMENT

(1.) In the suit out of which this appeal has arisen the plaintiff sued to eject the defendants on the ground that they held the lands under the plaintiffs as bargadars and that they had denied their right to receive the landlords share of crops, had taken the entire produce and thus dispossessed the plaintiffs.

(2.) The defendants contended on the contrary that they were not bargadars but they held the lands on a money rent.

(3.) The first Court held that the plaintiffs were entitled to evict the defendants, He found that the defendants had denied that they held the lands in barga under the plaintiffs and that they having thus denied the plaintiffs title, the plaintiffs were en titled to get khas possession. In appeal the finding was reversed. The lower Appellate Court found that the defendants were bargadars in respect of some of the plots (plots A, B and X), and that they held at a money rent in respect of the rest of the lands. He further found that they were not labourers in respect of the lands but tenants and that they had not denied the plaintiffs title and hence the plaintiffs had no ground for evicting them.