NAZAR ALI Vs. INDRA KUMAR SUTAR

JUDGEMENT

(1.) The plaintiffs alleging that they are raiyats and that the defendant holds under them as an under-raiyat sued the latter in ejectment on service of a notice to quit under Section 49, Ben. Ten. Act. The defendant denied the service of the notice and pleaded that the plaintiffs are not entitled to evict him. He rested his case upon a decree passed on the basis of a solenama in a previous suit for rent which the plaintiffs had instituted against him. By the solenama, the plaintiffs in consideration of an enhancement of rent,--his case being that the rent previously payable was Rs. 17 and it was enhanced to Rs. 25 and odd,--consented to allow him to hold this land permanently. The trial Court dismissed the suit, holding that service of the notice was not proved and that the plaintiffs are not entitled to ignore the solenama. The Subordinate Judge on appeal has reversed that decision and decreed the suit. The defendant has appealed to this Court. The Subordinate Judge has found for the plaintiffs on the question of service of the notice. This finding sets that matter at rest.

(2.) As regards the solenama and the decree, the Subordinate Judge has observed that a compromise decree is none the less a contract, and treating it as such he has held in substance that as in the solenama it was stated that the plaintiffs had raiyat right and the defendant darraiyati right, the lease that was created by the solenama came within the purview of the first of the three propositions laid down in the Pull Bench decision of this Court in the case of Chandra Kanta Nath V/s. Amjad Ali Haji A.I.R. 1921 Cal. 451.

(3.) It is contended on behalf of the appellant that the view taken by the Subordinate Judge was errroneous and he relies for this contention upon two decisions of this Court, one in the case of Jagadish Chandra Mukerji V/s. Rasik Mondal A.I.R. 1926 Cal. 666, and the other an unreported ease, viz., the decision in S.A. No. 506 of 1924, dated 21 April 1926. The respondents, on the other hand, rely on the case of Rajani Kanta Banerjee V/s. Raj Kumari Dasi .