Mahapatra, J.

1. The defendant In an action for ejectment and recovery of arrear rent is the appellant. The respondent -- The Tata Iron and Steel Company Ltd. instituted a suit for evicting the defendant on the ground that he was a monthly tenant in respect of a homestead land in Sakchi, comprising of six plots in khata No. 157 measuring 1.59 acres and that premises was required for the use and occupation of the plaintiff. Rs. 32/10/0 pies in all were claimed by way of arrear rent for the period from April, 1953 to June, 1954, at the rate of Rs. 2/2/10 pies per month. The defence was that the land was originally settled by the plaintiff-company with the defendant about 30 years back for agricultural purposes and since then the defendant was making use of that land for the same purpose after reclaiming the land. He, therefore, claimed occupancy right over that land, and pleaded that the civil court had no jurisdiction as the case was to be covered by the Chota Nagpur Tenancy Act. The trial court dismissed the suit, against which the plaintiff appealed and succeeded. Hence, this appeal by the defendant.

2. Learned counsel for the appellant contended that the lower appellate c