RAY MONMOTHA NATH MITTER Vs. RAJESWAR RAI CHOWDHURY

JUDGEMENT

(1.) The suit in which this appeal arises was for ejectment of the respondents from some 25 cattas of land in Punjab Nayabasti, within the municipal boundaries of Calcutta. The plaintiff- appellant alleges in his plaint that the defendants-respondents are tenants-at-will liable to ejectment on a proper notice to quit and that such notice had been served upon the defendants predecessor one Bises war Roy Choudhury.

(2.) The claim of the respondents is that the disputed land has been held by them and their predecessors on a permanent tenure and that no notice to quit was served on them.

(3.) The Munsif of Alipur who tried the suit held that the notice to quit was properly served but decided in favour of the respondents on the ground that the respondents tenure is permanent. The plaintiff appealed to the Subordinate Judge of 24 Pargannas who came to the conclusion that the holding in suit is permanent and that the defendants are not liable to ejectment and on this finding dismissed the plaintiff's appeal.