- (1.) In this case the plaintiffs sue to be restored to possession, on the ground that they have a right of occupancy. The case made by the plaint, is that one Hanif Mohammed Sirkar had two consecutive leases of the property (at different rents), extending from 1259 to 1271 (1852-3 to 1864-5); that, although the leases were in the name of Hanif, the other plaintiffs were jointly with him interested in them; and that, on the expiry of the last of the two leases in 1271 (1864-5), they held on for some little time longer until Chaitra 1272 (March and April 1866), when they were turned out by the defendants. The first Court has dismissed the suit; one of the grounds for such dismissal being that, on the face of the plaint, no such title, by right of occupancy, is shown as would entitle the plaintiffs to a decree.
(2.) The decision of the first Court was confirmed by the Judge on appeal; but the Judge does not accurately state, and does not decide this point as to whether the plaintiffs had or had not acquired a right of occupancy as alleged by them. In special appeal it is contended, amongst other grounds, that the case may be remanded, in order that the plaintiffs' title, i.e., their right of occupancy, may be inquired into; and it is urged that, supposing the plaintiffs to have held the land as alleged by them, that is to say, from 1259 to 1271 (1852-3 to 1864-5), under the two consecutive leases, and subsequently to have held over for some months, they have been in actual possession for more than 12 years, and, therefore, they have acquired a right of occupancy. The appellants' pleader relies on the language of sections 6 and 7 of Act X of 1859, as expressly bearing out his contention.
(3.) It appears to me that, on the face of the plaint, the suit was properly dismissed, because there is nothing in the mere fact of a tenant having been in possession for 12 years, under a series of pottas, each for a fixed term only, which gives him a right of occupancy, under Act X of 1859, especially in a case like the present, where the commencement of the tenancy is so recent, dating (as it does) no further back than 1259.;