SHAMSOONESSA BIBI Vs. SATYA SEBAK GHOSAL

JUDGEMENT

(1.) This appeal arises out of a suit for ejectment of the defendant after service of a notice to quit, on the allegation that be was a tenant at-will. The defendant No. 1, the tenant, had transferred the greater portion of the land to the defendant No. 2. The defence was that the defendant No. 1 had a permanent tenure in the land, having held the same from the time of his ancestors at a rent which had not been varied, that the notice to quit was not sufficient, and that the defendants were not liable to be ejected.

(2.) The Courts below concurred in decreeing the suit. The defendant has appealed to this Court.

(3.) There is to doubt that the land has been held by the defendant No. 1 from the time of his ancestors, but the Courts below have found that the rent receipts produced by the defendants are not trustworthy. The learned District Judge says: "their appeararce is suspicious, their custody has rot been properly proved and in any event they do not show that rent has been paid at a uniform rate for any considerable time." He further found that there were no substantial structures on the land, and came to the conclusion that the defendant was merely a tenant at will. Having regard to the facts found, we are unable to hold that the Court below was wrong in finding that the tenure was not a permanent one.