Judgement

S. R. DAS J. - This is an appeal by the plaintiff in an ejectment suit. His case was that defendant 1 Pratul Chandra Ghose was a Ticca tenant of premises Nos. 2 and 3, Watkin s Lane, Howrah, comprising an area of 1 Bigha 19 Cottahs of land on a rent of Rs. 76 per annum under the landlords Kumar Sarat Kumar Roy and Bibhuti Bhusan Chatterjee, pro forma defendanh 2 and 3, that the plaintiff took a Mourashi Mokarari lease from these landlords on 23-9-1937 and thereby became the immediate landlord of the said defendant and that the tenancy was determined by a notice to quit dated 7-10-1937. The trial Court amongst other things,. found as a fact that the tenancy of the defendant Pratul Chandra Ghose was permanent, heritable and transferable and was not liable to be determined by notice. The plaintiff preferred an appeal to the High Court but the High Court dismissed that appeal holding amongst other things, that the finding of the trial Court as to the nature of the tenancy was correct. The plaintiff has now come up on appeal before us after getting a certificate from the High Court that it is a fit case for appeal to this Court.

2. Relying on the decision of the Privy Council in