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Bali Mohammad Saha and ors. Vs. Janaki Nath Mazumdar - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in72Ind.Cas.311
AppellantBali Mohammad Saha and ors.
RespondentJanaki Nath Mazumdar
Excerpt:
landlord, and tenant - tenant, death of--possession of tenancy by stranger--payment of rent in deceased's name--tenancy, new, creation of. - 1. this is an appeal by the defendants in an action in ejectment. the plaintiff sued to eject the defendant as trespassers in possession of a non-transferable occupancy holding. the defendants have proved that in 1919 and 1920 the plaintiff accepted rent from them for the lands in suit in the name of the deceased raiyats. the effect of this acceptance of rent was to constitute the defendants tenants under the plaintiff. consequently, at the date of the suit, the plaintiff was not competent to eject the defendants as trespassers. in this view, it is unnecessary to consider w nether there was a recognition by the plaintiff of the defendants as the holders of the original tenancy.2. the result is that this appeal is allowed and the suit dismissed with costs in all the courts.
Judgment:

1. This is an appeal by the defendants in an action in ejectment. The plaintiff sued to eject the defendant as trespassers in possession of a non-transferable occupancy holding. The defendants have proved that in 1919 and 1920 the plaintiff accepted rent from them for the lands in suit in the name of the deceased raiyats. The effect of this acceptance of rent was to constitute the defendants tenants under the plaintiff. Consequently, at the date of the suit, the plaintiff was not competent to eject the defendants as trespassers. In this view, it is unnecessary to consider w nether there was a recognition by the plaintiff of the defendants as the holders of the original tenancy.

2. The result is that this appeal is allowed and the suit dismissed with costs in all the Courts.


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