Kolkata Court April 1897 Judgments

Kishori Mohun Roy Chowdhry and ors. Vs. Nund Kumar Ghosal and ors.

Court: Kolkata

Reported in: (1897)ILR24Cal720

Maclean, C.J.1. There have been two or three points argued in this appeal, but the principal one is whether the plaintiffs are entitled to eject the defendants from certain land held by the latter under the kabuliyat set out at pages 25 and 26 of the paper-book. That question depends again upon whether adequate notice to quit was given by the plaintiffs to the defendants. All we have to decide, and all we intend to decide, is whether the notice was a good and sufficient notice so as to entitle the plaintiffs to recover possession of the property in question from the defendants. I do not propose to repeat the history and the facts of the case which are set out very fully in the judgment of the Court below, nor is it necessary, for the point is a very short one. It appears from the lease that the defendants became lessees of this property, for which they were to pay an annual rent of Rs. 5 by four instalments and take annual dakhilas for the same.2. The first question is, what was the na...