GHURIYA Vs. BANESWAR

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit brought for ejectment against the defendants on the allegation that the defendants were his subtenants.

(2.) Baneshwar, one of the defendants, pleaded that he was not a sub-tenant at all and that there was no relation of landlord and tenant between the plaintiffs and him. He asserted that he held possession of this land as his khudkasht, being himself a proprietor.

(3.) The first Court framed two issues: (1) Does the relation of landlord and tenant exist between the parties? (2) Is the Defendant No. 3 himself a zamindar and the plots in dispute his khudkasht? It came to the conclusion that the Defendant No. 3 was not a sub-tenant but was in possession as proprietor, and that the claim having been brought more than six months after dispossession, was barred by time.