KAMAL KUMAR DATTA Vs. NANDALAL DUBEY

JUDGEMENT

(1.) These two appeals arise out of two suits for ejectment brought by the same plaintiffs as landlords against the tenant, defendant, Nando Lal Duli.

(2.) The land in question is homestead or bastu land and the area is in each ease about two cottahs. The annual rent is in one case 18 annas and 9 pies and in the other case one rupee six annas and three pies.

(3.) The sole question for decision in each case is whether or not the tenancy of the defendant is a permanent tenancy. Both tenancies are very old and have been traced back to the time of the defendant's grandfather and grandfather's brother. Kabuliats put forward by the plaintiff dated in 1876 and 1846, have been rejected as spurious by both the Courts below. The origin of the tenancies is unknown and the finding is that they have been in existence for about a hundred years. It is proved that they have been held throughout for residential purposes; it is proved that they have been held at the same rate of rent for forty years and according to the plaintiff's case, the rent has not varied during the last 60 years. There is nothing to show that the rentals have ever been changed. The holdings are in a village and near to a road. The defendant is a labourer. The land is entirely occupied by mud-walled huts, some of which are very old and six or seven of which have been raised by the defendant according to his evidence since his father's death, some 32 years ago. The two plots of land, according to the defendant, are in one place and a way runs between them. Four or five of the huts are let out to sub-tenants so as to produce income to the defendant from which he maintains himself.