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The Baptist Missionary Society of India Vs. Horiah Behara and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.972
AppellantThe Baptist Missionary Society of India
RespondentHoriah Behara and ors.
Excerpt:
occupancy rights - ejectment--tenants contributing to reclamation of lands-zamindari land. - - the tenants in this case would have probably bad notions about tenure similar to those of the tenants in the surrounding zamindaris......defendants contributing the bulk of the expenditure. on these facts the judge has found in favour of the defendants' occupancy rights. we are unable to say that the judge was legally wrong in coming to that conclusion. we may perhaps add that, though the mohiri zamindari had all been converted into ryotwari land shortly before the grant to the tenants, the lands which formed part of that zamindari are on those side surrounded by zamindaris to which the ruling in chukati zamindar v. liana morn dhora 23 ma. 318, would apply. the tenants in this case would have probably bad notions about tenure similar to those of the tenants in the surrounding zamindaris. however this may be, we are unable to say that the judge is legally wrong. the second appeal is dismissed with costs.
Judgment:

1. The suit is, to eject certain tenants from lands held by them and their ancestors for about half a century at a uniform rent. The lands originally formed part of a zamindari and were forest lands. They were re-claimed, the defendants contributing the bulk of the expenditure. On these facts the Judge has found in favour of the defendants' occupancy rights. We are unable to say that the Judge was legally wrong in coming to that conclusion. We may perhaps add that, though the Mohiri zamindari had all been converted into ryotwari land shortly before the grant to the tenants, the lands which formed part of that zamindari are on those side surrounded by zamindaris to which the ruling in Chukati Zamindar v. liana morn Dhora 23 Ma. 318, would apply. The tenants in this case would have probably bad notions about tenure similar to those of the tenants in the surrounding zamindaris. However this may be, we are unable to say that the Judge is legally wrong. The second appeal is dismissed with costs.


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