ABDUL HAMID Vs. EAKUB ALI PANDIT

JUDGEMENT

(1.) In this case, the appeal is brought from a judgment and decree of my learned brother Mitter, J. sitting in second appeal. The case is this : The plaintiff brought his suit to eject the defendants on the footing that the defendants were under-raiyats to whom notice to quit had been given. The suit was brought under Section 49-B, Ben . Ten. Act.

(2.) The view taken by the Munsiff was that the service of notice to quit was proved. He also dealt with a defence to the effect that the defendants were-persons who had acquired by custom an occupancy right, notwithstanding that they were only under-raiyats and not raiyats. On that point, the Record-of-Rights was in favour of the defendants. It was finally published in the year 1918. The Munsiff held that the evidence adduced before him was sufficient to disprove the Record-of-Rights and that there was enough to enable him to say that the entry that the defendants had occupancy right was erroneous.

(3.) The matter went on appeal to the learned Subordinate Judge. The learned Subordinate Judge held that it was not proved that the notice to quit had been served and he further held that it was not shown by the evidence that the Record-of-Rights was wrong as regards the entry that the defendants had occupancy right.