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Lala Kuldip NaraIn and ors. Vs. Lala Makhan Lal - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtKolkata
Decided On
Judge
Reported in(1900)ILR27Cal774
AppellantLala Kuldip NaraIn and ors.
RespondentLala Makhan Lal
Cases ReferredSee Tara Das Malakar v. Ram Doyal Malakar
Excerpt:
ejectment - suit for ejectment--notice to quit by post--bengal tenancy act (viii of 1885), section 189--mode of service of the notice under the act--bengal government rule 3, chap. 1, under section 189 of the bengal tenancy act. - .....to have been sent to him by post, and was not served upon him in accordance with rule 8, chap. i of the rules framed by the government of bengal under section 189, of the bengal tenancy act. the notice must therefore be taken to be bad in law: see tara das malakar v. ram doyal malakar (1897) 2 c.w.n., 125. it follows, therefore that the suit, as based upon such a notice, must fail, and the plaintiffs are not entitled to obtain ejectment in this case.2. in this view of the matter, we refrain from expressing any opinion upon the question whether the plaintiffs have rightly been found to be raiyats and the defendant an under-raiyat.3. the appeal will be decreed, and the suit dismissed with costs in all the courts.
Judgment:

Ghose, J.

1. This appeal arises out of a suit for ejectment. It has been found, though the finding has been impeached before us by the learned Vakil for the defendant-appellant as based upon no evidence, that the plaintiffs are raiyats and the defendant an under-raiyat. The plaintiffs gave a notice to the defendant to quit, but this notice seems to have been sent to him by post, and was not served upon him in accordance with Rule 8, chap. I of the Rules framed by the Government of Bengal under Section 189, of the Bengal Tenancy Act. The notice must therefore be taken to be bad in law: See Tara Das Malakar v. Ram Doyal Malakar (1897) 2 C.W.N., 125. It follows, therefore that the suit, as based upon such a notice, must fail, and the plaintiffs are not entitled to obtain ejectment in this case.

2. In this view of the matter, we refrain from expressing any opinion upon the question whether the plaintiffs have rightly been found to be raiyats and the defendant an under-raiyat.

3. The appeal will be decreed, and the suit dismissed with costs in all the Courts.


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