NATHUNI RAM Vs. RAJA PARESH NATH SINGH

JUDGEMENT

(1.) This is a suit for khas possession which has been decreed by the Munsif and the lower appellate Court. The defendant appeals.

(2.) The plaintiff's allegation was that the defendant was a non-occupancy raiyat of the lands under the Chota Nagpur Landlord and Tenant Procedure Act, 1879. He came into occupation in 1301 and, in 1309, the plaintiffs gave him notice to quit. The suit was instituted in 1314.

(3.) The learned Judicial Commissioner has held that, after the service of the notice to quit, the defendant became a trespasser. The defence is that the defendant acquired occupancy- rights.