Judgement

Appeal (No. 116 of 1929) by special leave from a decree of the High Court (January 18, 1928) affirming a decree of the District Judge of 24-Parganas which affirmed a decree of the Munsif of Sealdah.

The appellant instituted a suit on April 12, 1923, against the respondent for recovery of khas possession of a plot of land, alleging that the respondent was a tenant at will or a monthly tenant, whose tenancy had been duly determined by notice. The respondent by his written statement pleaded " The defendant is a permanent tenant having permanent rights in the land in suit, and is not liable to be ejected."

The facts were not in dispute in the appeal; they are shortly stated in the headnote and fully appear from the judgment of the Board.

The High Court (Mukerji and Graham JJ.) affirmed decrees of the lower Courts dismissing the suit, holding that upon equitable principles Laid down in England, and having regard to two judgments of the Board delivered in 1914 and 1916, the defendant had the rights of a permanent tenant. The reasons upon which the learned judges based their decision are stated and discussed in the present judgment.

1930. Nov. 21, 24. Dunne K.C. and Dube for the