ALIMUDDI BEPARI Vs. CHINTAHARAN MUKHOPADHYAY

JUDGEMENT

(1.) This appeal arises out of a suit to eject the defendant, who is found to be an under-raiyat, after service of a notice to quit under Section 49 of the Bengal Tenancy Act.

(2.) The defendant set up a permanent sublease granted by the plaintiff s vendor and pleaded that he could not be ejected. The Court of first instance held that the plaintiff was bound by the sublease granted by his vendor, and that it was not invalid by reasons of the provisions of Section 85, Clause (2), of the Bengal Tenancy Act, and accordingly disallowed the claim for ejectment. On appeal the learned Subordinate Judge upon a consideration of some decisions of this Court held that the lease was invalid and allowed ejectment. The defendant has appealed to this Court.

(3.) Section 85, Clause (2), of the Bengal Tenancy Act expressly lays down that a sublease by a raiyat shall not be admitted to registration if it purports to create a term exceeding nine years.