DEBI PROSAD PAL, J.

( 1 ) THE only question raised in this appeal on behalf of the defendant-appellant relates to the jurisdiction of the Civil Court to entertain the suit filed by the plaintiff for a declaration that he is a tenant under the defendant-appellant and for a permanent injunction restraining the defendant from interfering with the rights and possession of the plaintiff in the suit land as a tenant.

( 2 ) THE defendant is the owner of the disputed land. The defendant brought a case against the plaintiff under Section 17 (1) (a) and (b) of the West Bengal Land Reforms Act, 1956 (hereinafter referred to as the Act) before the Bhagchas Officer, Barrackpur for eviction of the plaintiff on the ground that the defendant required the suit land for bringing the same under personal cultivation. In the said proceeding the plaintiff contended that he was not a bargadar but a tenant. This plea was overruled by the Bhagchas Officer who held the plaintiff to be a bargadar. Against that decision an appeal was preferred before the Munsif, Second Court, Barasat who upheld the decision of the Bhagchas Officer. The plaintiff obtained a rule thereafter from the High Court but ultimately

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