PROMOTHA NATH GANGULY Vs. AMIRADDI SHEIKH

JUDGEMENT

(1.) This appeal arises out of a suit for khas possession of a tank and also for arrears of rent with damages against three persons, on the allegation that they were the tenants of the plaintiffs under a Kabuliyat for a term of years and that on the expiry of the term, the plaintiffs were entitled to obtain khas possession.

(2.) The kabuliyat was executed by defendant No. 1 alone and so far as he was concerned, he stated in his written statement that he had no objection to the plaintiff s getting khas possession. The other two defendants pleaded that there was no relationship of landlord and tenant between them and the plaintiffs, and that they held the tank in dispute under a third party (one Amodini Debi) to the suit.

(3.) The Court of first instance found the question of title in favour of the plaintiffs and also found that all the defendants were tenants under the plaintiffs and accordingly gave a decree for khas possession as also a decree for rent against all the defendants.