MIHILAL MAJHI Vs. JATINDRA NATH SASMAL
LAWS(CAL)-1970-3-28
HIGH COURT OF CALCUTTA
Decided on March 02,1970

MIHILAL MAJHI Appellant
VERSUS
JATINDRA NATH SASMAL Respondents

JUDGEMENT

- (1.) THIS appeal is by defendant No. 1 and it arises out of a suit for recovery of possession and mesne profits.
(2.) ACCORDING to the courts below, defendant No. 1 has only jalkar right in the disputed property, that right being confined only to the watery portion thereof. This was also the plaintiffs' case and, there being no document, showing that the said right was to enure for a fixed period or to have any other character except the character of a monthly tenancy, the courts below have concurred in holding that the defendant's right has been duly determined by an appropriate notice to quit, expiring with the end of Chaitra 1361 bs. Upon that view, they have, given the plaintiffs a decree in the instant suit. Against this concurrent decree of the two courts below, the instant second appeal has been filed by defendant No. 1. The other defendants against whom also the above decree was passed, have not appealed from the same.
(3.) AS, from the records, particularly the settlement papers,-the c. s. records and the r. s. records,-it is clear that defendant No. 1 had no right in the disputed land except a jalkar right, as set out hereinbefore, the decision of the two courts below in favour of the plaintiffs must be affirmed.;


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