SMT. BIDYA SUNDARI SAHA AND OTHERS Vs. ROHIDASH BAIRAGI AND OTHERS

JUDGEMENT

(1.) THIS is a second appeal on behalf of Smt. Bidya Sundari Saha and others against the decree of the learned District Judge dated 5 -11 -1952 passed in civil appeal No. 3 of 1952 by which the decree passed by the learned Sub -Judge, Tripura, in suit No. 159 of 1950 dated 28 -2 -1952 was set aside and suit No. 159 of 1950 was dismissed with costs in both the courts.

(2.) IT appears from the record that the appellant's prodecessor Govindra Chandra Saha had brought suit No. 159 of 1950 in the Court of the learned Sub -judge, Tripura, against Rohidas Bairagi, Smt. Monomohini and Sri Jamini Debnath defendants and Lalit Krishna Deb Barma and Janardhan Deb Barma as pro forma defendants for recovery of actual possession over 6 gandas of land specified in schedule Kha of the plaint which forms part of 3 kanis and odd land mentioned in schedule Ka.

(3.) THE learned Sub -Judge held that the contesting defendants were tenants at will and they were liable to ejectment but the learned District Judge, after reviewing the entire evidence on the record, came to the conclusion that as the plaintiff did not examine the pro forma defendant No. 4 and as the contesting defendants were proved to be in possession for about 30 years and as rent was paid by them, they could not be deemed to be tenants at will and so he dismissed the suit.