- (1.) The appellant brought three suits, which were heard analogously for recovery of khas possession of certain lands and huts situated thereon and for mesne profits on the averment that the defendants were "engaged as labourer adhiars to cultivate the disputed lands on condition that they would cultivate the lands with the plaintiff's cattle, plough and seeds according to plaintiff's direction and instructions and cut, gather and thrush the same in plaintiff's kholan (threshing yard) and take a half share of the produce. ............" that though the defendants cultivated them during the season Baisakh to Falgoon, 1357. B.S., in Falgoon, 1357, they refused to cultivate the lands with the plaintiff's seeds and under the plaintiff's instructions and threatened to cultivate the lands at their sweet will. Thereafter the plaintiff dismissed the defendants from his service as adhiars and that consequently the defendants had no right either to plough the arable lands or to live on the lands on which they had been living as adhiars.
(2.) The defence was that the suit was not maintainable in the Civil Courts as in substance these were suits to terminate the cultivation of the lands by bargadars.
(3.) This defence was accepted by the trial Court which dismissed the suits. On appeal, the learned District Judge has held that the Civil Courts had jurisdiction to entertain the suits but the Civil Court has to decide the cases according to the provisions of the Act (West Bengal Bargadars Act of 1950), and consequently the suits not having been brought on any of the grounds set out in clauses (a) to (d) of section 5 of the West Bengal Bargadar. Act of 1950, the suits were bound to fail. In that view, he dismissed the appeals.;