- (1.) This is a suit for possession of a tenure consisting of rather more than 1 drone of land, of which the plaintiff alleges that be has a right of occupancy. The facts are shortly these. In Aghran 1274, or in other words, November 1867, the plaintiff left his homestead in the defendant's village, and built a new house in a village belonging to another zamindar. On the 11th Pash the defendant, who was the zamindar, caused a letter to be sent to the plaintiff asking him why he had run away, saying that he did not know why plaintiff had run away, and giving him notice that he was required to be present within seven days in the zamindari cutcheri to make some arrangement about the settlement of his jote. The plaintiff gave no answer whatever to this letter and in Magh the defendant granted a patta of the land to a new ryot considering that the plaintiff had abandoned his tenure.
(2.) The plaintiff brought his suit praying to be restored to possession, on the 6th August 1868. That suit was dismissed by the Deputy Collector, and his decision was affirmed by the Judge of Rungpore.
(3.) The plaintiff appeals specially to this Court.;