RAHIMADDHI MATABBAR Vs. NAIMADDI HOWLADAR

JUDGEMENT

(1.) This is an appeal by the plaintiff and arises out of a suit for ejectment. The facts appear to be shortly as follows : The plaintiff-appellant is owner of a 13 annas odd share in Estate No. 6592 of the Faridpur Collectorate, the remaining 2 annas odd belonging to Defendants Nos. 1 to 7. On the 22nd Chaitra 1300, B.S. corresponding to the 15 March 1894 a tenure was created in respect of the lands comprised in Schedule ka of the plaint in favour of the Defendants Nos. 1 to 4. At that time it appears that the lands of this schedule only were in existence, and that the lands of Schs. kha and ga came into existence at a subsequent date. The present suit was instituted on the 11 August 1920 and the case set up by the plaintiff was that he was entitled to get khas possession of the lands of plots kha and ga inasmuch as they are not covered by the tenancy created in 1894, and further that, as the lands in question are re-formations in situ of his estate, and are not accretions within the meaning of Clause (4) of Reg. 11 of 1825, the tenants-defendants are not entitled to treat them as an addition to their tenancy.

(2.) Both the Courts below found that the lands of Schedules kha and ga were re-formations in situ. The tenants defendants, however, took up the position that notwithstanding this fact they are entitled to hold the lands as accretions to their tenure upon payment of rent.

(3.) The trial Court held that the lands were an accretion to the defendants tenure, and that upon this ground as well as under the terms of the kabuliyat, the plaintiff was not entitled to khas possession, but was entitled to receive rent. It was further held that the tenants- defendants had acquired a limited tenancy interest in the lands of Schedule kha by adverse possession and that they had been recognized as tenants of these lands. A fair rent was accordingly decreed.