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Gour Mondal and anr. Vs. Peari Majhi and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in43Ind.Cas.864
AppellantGour Mondal and anr.
RespondentPeari Majhi and ors.
Excerpt:
bengal tenancy act (viii b.c. 1885), section 85 - under-raiyat holding under lease exceeding nine years, right of, to recover land on proof of possession--title by possession. - .....to an under-raiyat under the provisions of the bengal tenancy act, yet if the plaintiff had been in possession of the property on the basis of the kabuliyat, he had sufficient interest in the property to recover the land. the case comes back to this court with a finding in favour of the plaintiff. we must, therefore, reverse the decision of the learned officiating subordinate judge and restore the decree of the munsif with costs in all courts, including the costs of the court remanding the case.
Judgment:

1. This is an appeal by the plaintiff against the judgment of the learned Officiating Subordinate Judge of Jessore, dated the 19th March 1913, reversing the decision of the Munsif of Narail. The case has already been before this Court once. On the 29th November 1916, the case was remanded to the lower Appellate Court for a finding of fact as to whether the plaintiff had been in possession, the Court having decided the question of law in favour of the plaintiff that although the plaintiff's lease had been in excess of what a raiyat is entitled to grant to an under-raiyat under the provisions of the Bengal Tenancy Act, yet if the plaintiff had been in possession of the property on the basis of the kabuliyat, he had sufficient interest in the property to recover the land. The case comes back to this Court with a finding in favour of the plaintiff. We must, therefore, reverse the decision of the learned Officiating Subordinate Judge and restore the decree of the Munsif with costs in all Courts, including the costs Of the Court remanding the case.


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