DIBAKAR BISI Vs. CHATTO BAG

JUDGEMENT

(1.) This a appeal is from a decision of the Subordinate Judge of Sambalpur in a suit by the plaintiff to recover arrears of rent for the years 1960, 1961 and 1962 Sambut, and for possession of a holding.

(2.) The plaintiff's case is that he is the occupancy-tenant under the lambardar, that the defendant is his sub-tenant, that the defendant has defaulted in paying rent for the last six years, that he occupied the holding on condition that he would surrender it whenever the plaintiff demanded it back from him, and that he had forfeited his tenancy by denying the title of the plaintiff. Upon these grounds he claimed arrears of rent for three years, the rents for the previous three years having become barred by limitation; and he has also claimed possession of the holding.

(3.) The defendant's case is that the plaintiff is not an occupancy-tenant under the lambardar but that he himself is the occupancy-tenant under the same lambardar and that at the last settlement of the revenue his name has been entered in the record-of-rights as the occupancy-tenant of the holding and that a purcha--by which I understand a copy of the entry in the record-of-rights is meant--has been given to him.