ISWAR CHANDRA DEY Vs. MURARI LAL DUTT

JUDGEMENT

(1.) This is a dispute over a email piece of land which is said to be about 45 feet square and is valued at Rs. 3. The suit is an action in ejectment and both the Courts have found in favour of the plaintiffs. A large number of defences of varying character have been taken, which have all been decided against the present appellants.

(2.) Before us the main point which has been argued is this: It has been found as a fact that the husband of the appellants vendor died in the year 1897 or 1898 : that he was in possession of an agricultural jote. It is found that his widow inherited this property and actually paid rent to the landlord for this jote for a period of two years. Then, in 1898 to 1899 she appears to have built herself a homestead, and according to the finding of the first Court, which has been confirmed in appeal by the lower Appellate Court, she used this homestead as her own dwelling and lived there. This homestead, therefore, was acquired at a time when according to the finding of the Court she was a raiyat.

(3.) It has been contended, therefore, that in the absence of any special custom or usage which has not been proved, Section 182 of the Bengal Tenancy Act applies and that she must be taken to be a raiyat as regards this homestead. The lower Appellate Court finds her to be a non-occupancy raiyat and that as such she had no right to transfer the land to the appellants, no custom having been proved which would entitle her to do so. Therefore, no title passed to the appellant.