MASA SINGH Vs. TATA IRON AND STEEL CO LTD

JUDGEMENT

(1.) In this appeal the defendant is the appellant. It arises out of a suit for ejectment brought by the plaintiff-respondent for eviction of the appellant from 0.40 acre of land appertaining to survey plot: No. 2574 of Khata No. 188, situated in village Sakchi in the town of Jamshedpur.

(2.) The plaintiff's case in short is that he had let out the suit land for homestead purposes to the defendant on a monthly rental of 8 annas 10 pies, which was payable annually by the defendant-appellant. The plaintiff served a notice under Section 106 of the Transfer of Property Act for vacating the suit premises, but the defendant did not vacate and hence the suit for eviction along with arrears of rent for the period from April, 1964, till December, 1955.

(3.) The defendant contested the suit and his defence is that the defendant was inducted on the suit land for agricultural purposes. He reclamed the suit land and made it fit for cultivation at heavy cost. The defendant also claims to have constructed a permanent agricultural house on a portion of the suit land. Then the defendant being in cultivating possession, for more than twelve years, has acquired right of occupancy under the Chotanagpur Tenancy Act and the Suit is not maintainable in the Civil Court under Section 139-A of the Chotanagpur Tenancy Act.