NABAKUMARI DEBI Vs. BEHARI LAL SEN

JUDGEMENT

(1.) The suit out of which this appeal arises was brought by a landlord against his tenant to eject the tenant, on the ground that the latter was a mere tenant at will. The defence was that the tenant held a tenure of a permanent character and was not liable to be evicted at will. The sole question on this appeal is which of these views is correct.

(2.) The Subordinate Judge, Second Court, of the twenty?four Pergunnahs, who tried the case, gave a decree in favour of the plaintiff, who is now represented by the respondents; and the High Court supported that decision. Hence the present appeal.

(3.) There is no question that the tenure or holding, whatever may be its nature, had been in existence for about 80 years and probably much more, when the suit was instituted. The rent was an almost nominal one and had never been enhanced, though the value of the holding, as measured by its sale price, had greatly increased. It had been sold again and again by kobalas purporting to convey an absolute interest; it had passed by will and the rent had been accepted from the new tenants after such devolutions.