Kolkata Court January 1954 Judgments

Mohammad HossaIn Vs. BepIn Behari Ghanti and ors.

Court: Kolkata

Reported in: AIR1954Cal247

G.N. Das, J.1. This appeal is at the instance of the defendant. It arises out of a suit for recovery of khas possession and for recovery of arrears of rents and mesne profits. The plaintiffs' case is that the disputed property measuring about 2 1/2 bighas was in the khas possession of the lessor Tarini Charan Ghanti, the predecessor-in-interest of the plaintiffs, that Tarini Charan Ghanti settled the land with the defendant for using it as a garden and that it was agreed between the parties that the defendant (the lessee) would vacate the land on receipt of two years' notice after Tarini's death, if Tarini's heirs had necessity for electing the tenant. Tarini died in Jaishia 1342 B. S. and the plaintiffs who are Tarini's heirs served a notice to quit on the defendant, on 12-1-1937, requiring the defendant to vacate the land on the expiry of the month of Chaitra 1345 B. S. As the defendant did not comply, the plaintiffs brought the present suit on the 25-11-1940.2. The main plea on beha...