Judgement

Appeal from a judgment and decree of the High Court (April 16, 1915) affirming a decree of the Subordinate Judge of Hooghly.

The suit was brought by the first group of respondents against the appellants and three limited companies (joined as pro forma respondents) in the Munsifs Court. The plaintiffs alleged that they were the owners of certain land in village Char Ramkrishtopur, known as jama Nidhi Ram, which was in possession of the appellants as their tenants from year to year at an annual rent of Rs.25, and that the tenancy had been determined by a notice to quit at the end of the Bengali year 1317 (April 11, 1911). They claimed possession.

The appellants by their written statement admitted that the land in suit consisted of 2 bighas 2 ½ cottahs and that they paid to the plaintiffs a yearly rent of Rs.25; they, however, pleaded that they held the land in ancestral mokurari mourashi right; they also disputed the validity of the notice and its service.

The Munsif dismissed the suit, holding that the terms of the notice were insufficient and the service improper. The Subordinate Judge reversed the decision on both points and remanded the suit for trial, and the High Cour