GOUR MOHAN SARKAR Vs. HARI MOHAN MONDAL

JUDGEMENT

(1.) This is an appeal by the plaintiff and arises out of a suit in ejectment.

(2.) Plaintiff's case is that he had a raiyati right over 88 bighas odd land bearing a rent of Rs. 83-5-7 1/2 pies per year and that the defendant is an under-raiyat under him, that the plaintiff served a notice under Section 49, Ben. Ten. Act, on the defendant for vacating the land at the end of Chaitra, 1329 B.S. and that the defendant did not give up possession and hence the suit was instituted. The defence of the defendant is that he is an occupancy raiyat and that no notice was served on him.

(3.) The Court of first instance found that the status of the plaintiff was that of a raiyat and that consequently the defendant was an under-raiyat, that notice under Section 49, Ben. Ten. Act, was served on the defendant and that the plaintiff was entitled to get khas possession of the suit lands by ejecting the defendants therefrom. A decree for mesne profiits was also given.