ABDUL WAHED KHAN Vs. NATABAR GHOSE

JUDGEMENT

(1.) This is an appeal by the plaintiff from the decision of Mr. Justice Newbould, whereby he affirmed the judgment of the District Judge.

(2.) The suit was for the khas possession of certain land by ejecting the defendants on whom, the plaintiff said, he had served notice under Section 49 of the Bengal Tenancy Act. The plaintiff alleged that he was a raiyat and that the defendants were under-raiyats.

(3.) The defendants case was that they were not under-raiyats, that they themselves were raiyats and the plaintiff was a tenure-holder. Their further defence was that even if they were under-raiyats, notice had not been served upon them.