CHAITAN MAHTO Vs. SARAT CHANDRA MAHANTI

JUDGEMENT

(1.) This appeal by the plaintiff, who is aggrieved by the concurrent decisions of the Courts below dismissing his suit for ejectment of the defendant in occupation of the lands in suit, raises the question as to whether Section 77, Chota Nagpur Tenancy Act bars the acquisition of right of occupancy by korkar under the provisions of Section 67 of the Act.

(2.) The case of the plain tiff-appellant was that he was holding the lands in suit as tabedar of the village having been appointed to that office by the Deputy Commissioner after the death of the previous holder of that office Ratan Mahto, and the lands belonged to him and had the incident of a ghatwali or service tenure, and that the respondent without any right whatsoever dispossessed him from these lands. Ratan Mahto, the predecessor-in-office of the plaintiff, bad entered into a collusive and fraudulent compromise with the respondent which was not binding upon him. The respondent was, therefore, in illegal possession of the land and liable to be evicted therefrom.

(3.) The case of the respondent in defence was that after the survey and settlement operations, the lands had become sandy and absolutely un-fit for paddy cultivation, and that in order to make them culturable, Ratan Mahto, father of appellant 1, in course of his prudent management settled the suit lands with him about 20 years back with the rental of Rs. 1-8-0 per year, and the respondent at enormous cost improved the lands and made them fit for paddy cultivation. Ratan Mahto, however, brought a suit (NO. 299 of 1935) against the respondent which suit was compromised and Ratan Mahto recognised the respondent as his tenant. Lastly, the case of the respondent was that in any event he having improved the lands and made them fit for paddy cultivation had acquired right of occupancy by korkar in the lands in suit and was not liable to be evicted.