KHEMADANANDA KUMAR Vs. RASHAMYA HALDAR

JUDGEMENT

(1.) In this case a suit in ejectment was brought against the defendant alleging that he was an under-raiyat and that notice had been given under Section 49, Ben. Ten. Act. The defendant, by his written statement, claimed to be an occupancy-raiyat, and, having: claimed to be an occupancy, raiyat he contends that by Section 111, Ben. Ten. Act, the proceedings against him should in effect be stayed until three months after the final publication of the record of rights.

(2.) The Court below has refused this contention and said that the suit is one for recovery of khas possession and Section 111 does not apply to the case.

(3.) I am of opinion that the Court below is right in the view is has taken of Section 111. I do not think that it can be imputed to the section as to its meaning that in any case, in which the defendant chooses to raise a question as to status, the landlords is presented from taking action under the ordinary law in such matters.