NABIN CHANDRA SHAHA Vs. SHEIKH WAJID

JUDGEMENT

(1.) The plaintiff and certain other persons were the heirs of one Rajabulla. The defendants Nos. 1 and 2 were the co-sharer landlords of the jote which was held by Rajabulla. On the death of the latter, the defendants Nos. 1 and 2 dispossessed the plaintiff from the land, they having secured a kobala of the entire land from defendant No. 8, one of the heirs of Rajabulla.

(2.) The plaintiff brought a suit for joint possession in respect of his share of the land and the question raised in the case is whether the suit is governed by the provisions of Article 3, Schedule III of the Bengal Tenancy Act.

(3.) There is a divergence of judicial opinion with respect to the scope of Article 3, Schedule III, and in some cases it has been held that the article is inapplicable to a case where the dispossession is effected by the landlord not as landlord but an auction purchase r and under process of the Court. See Abhoy Churn Mookerjee v. Shaik Titu 2 C.W.N. 175; Brojo Kishore Mahapatra v. Saraswati Dassi 6 C.W.N. 333; Mahomed Khalil v. Hirendra Nath Bhattacharya 5 C.L.J. 650; Kamal Dhari Thakur v. Rameshwar Singh 19 Ind. Cas. 545 : 17 C.W.N. 817; Ram Kinkar v. Sthiti Ram 46 Ind. Cas. 221 : 27 C.W.J. 528.