BANKU BEHARY SARKAR Vs. BENODE PAL KUMAR

JUDGEMENT

(1.) Section 45 of the Bengal Tenancy Act runs as follows: A suit for ejectment on the ground of the expiration of the term of a lease shall not be instituted against a non-occupancy raiyat unless notice to quit has been served on the raiyat not less than six months before the expiration of the term and shall not be instituted after six months from the expiration of the term.

(2.) The only point which arises in this second appeal is whether these provisions apply to the case of a tenant of an undivided share of a holding, the tenant being admitted not to have occupancy rights.

(3.) For the appellants, it is submitted that this question should be answered in the negative and reliance is placed on the case of Hurry Churn Bose V/s. Raja Runjit Singh 1 C.W.W.N. 521 on certain cases following that case namely Baidya Nath Be Sarkar V/s. Sheikh Jhin 2 C.W.N. 44 : 25 C. 917; Haribole Brohmo V/s. Tasimuddin Mondul 2 C.W.N. 680 and Ahadulla Sheikh v. Gagan Mollah 2 C.L.J. 10.