SHEIKH LATIFAR RAHAMAN Vs. AHFORBES

JUDGEMENT

(1.) This appeal arises out of an action for ejectment of the defendants from two holdings, one measuring 575 highas held at a rental of Rs. 51-12 and the other 120 bighas held at a rental of Rs. 8.

(2.) The holdings are situated in a tract known as chariramma or pasture lands in mouzahs Basantpur, one of the mouzahs comprised in the plaintiff's zemindari. The plaintiff based his suit on the ground that the defendants are tenants from year to year, that their tenancy is determinable by a six months notice to quit and that their tenancy has been determined by services of such notice.

(3.) The defendants, on the other hand, deny service of notice. They plead that they have occupancy rights in the holdings, or at all events, such rights in them by local usage that they cannot be evicted.