Skip to content


Kamal Baidya and anr. Vs. Ganesh Chandra Biswas and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in47Ind.Cas.829
AppellantKamal Baidya and anr.
RespondentGanesh Chandra Biswas and ors.
Excerpt:
bengal tenancy act (viii b.c. of 1885), section 182 - homestead, occupation of, for more than twelve years--occupier, whether becomes raiyat--settled raiyat. before a person can become a settled raiyat of a village he must be a raiyat. mere occupation of a homestead in a village for more than twelve years would not make the occupier a settled raiyat of the village, [p. 830, col. 1.] - 1. this was a suit in electment, and the only question was whether the defendants had acquired occupancy rights in the land which would protect them from eviction. the lower appellate court found that though the defendants had a homestead in the village for over 30 years, they had no land in the village other than the land on which they entered under the kabuliyat in 1906 and that, therefore, they had not acquired any such rights. before they could become settled raiyats in the village they would have to be raiyats, and that they entirely failed to prove. section 182 of the bengal tenancy act does not help the appellants. the appeal must be dismissed with costs.
Judgment:

1. This was a suit in electment, and the only question was whether the defendants had acquired occupancy rights in the land which would protect them from eviction. The lower Appellate Court found that though the defendants had a homestead in the village for over 30 years, they had no land in the village other than the land on which they entered under the Kabuliyat in 1906 and that, therefore, they had not acquired any such rights. Before they could become settled raiyats in the village they would have to be raiyats, and that they entirely failed to prove. Section 182 of the Bengal Tenancy Act does not help the appellants. The appeal must be dismissed with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //