Kolkata Court February 1899 Judgments

Sheo Nandan Roy Vs. Ajodh Roy and ors.

Court: Kolkata

Reported in: (1899)ILR26Cal546

Banerjee and Rampini, JJ.1. This appeal arises out of a suit brought by the plaintiff, who is the lessee of the proprietor, to recover khas possession of certain lands, the area of which is stated in the plaint to be 9 bighas 10 cottahs, on the allegation that those lands are part of the zerait or private lands of the proprietor, and that the defendants have no right to remain on them.2. The defence was a denial of the fact that the lands were zerait, and the defendants claimed an occupancy right in them.3. The first Court found that the lands were the zerait lands of the proprietor: that out of the entire area claimed, which is stated as being 9 bighas only, a quantity of 3 bighas had been held by the defendant Ajodh Boy, the former lessee, without any title upon the expiry of his lease; and that the remaining 6 bighas had been held by the defendant Deva Roy as a raiyat under the former lessee; and it gave the plaintiff a decree for khas possession in respect of the 3 bighas claimed b...