- (1.) The subject-matter of this litigation is a plot of land measuring 1267 sq. ft. in the Sakchi New Planning area in the town of jamshedpur. On 23/6/1937, Abdul Gani, through whom the present appellant claims to be interested in the land, applied for settlement of this plot of land to the Land Officer of the owner of the land, the tata Iron and Steel Company Ltd. The application was allowed and the land was let out to Abdul Gani as a tenant from month to month at a rent of Re. 1. 00 per month. The suit out of which this appeal has arisen was brought in 1949 for ejectment of the tenant after determination of the tenancy by a notice to quit the premises. There was also a prayer for arrears of rent at Re 1. 00 per month.
(2.) The defence of Abdul Gani was that he was an agriculturist tenant as contemplated under the chotanagpur Tenancy Act and not a monthly tenant and that no monthly rent was paid for the land. It was also pleaded that the lease being for agricultural and horticultural purposes at an annual rent, the defendant acquired a valid occupancy right and was not liable to ejectment. The present appellant was added as a defendant by an order dated 25/5/1953. He also filed a written statement contending (hat by operation of the provisions of Chotanagpur tenancy Act, Abdul Gani had acquired occupancy right, that the purpose for which settlement was made with Abdul Gani could not create a monthly tenancy and the plaintiff was not entitled to Khas possession.
(3.) The Trial Court (The Additional Munsif, jamshedpur) , accepted the defence plea that the tenancy created in favour of Abdul Gani was agricultural, that Abdul Gani had acquired an occupancy raiyat's right therein and as the tenancy Act was governed by the Chotanagpur Tenancy Act the suit was not triable by a civil court. Accordingly, he dismissed the suit.;