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1925 Supreme(Cal) 233

N. R. CHATTERJEA, CUMING
Chandi Charan Mitra – Appellant
Versus
Ashutosh Lahiri – Respondent


JUDGMENT

N.R. Chatterjea, J. - This appeal arises out of a suit for ejectment of the defendant after notice to quit. The Court of first instance gave a decree to the plaintiff and that decree has been affirmed on appeal by the lower Appellate Court.

2. The defendant has appealed to this Court and four contentions have been raised before us.

3. The first is that the land in suit was taken settlement of for the purpose of enlarging the compound of the house in which his predecessor-in-title was residing, that he had a permanent tenancy in the house; and that the incidents of that tenancy would apply to the disputed land also as it was taken for the purpose of enlarging the compound of the house. We do not, however, think that that would follow. A man may have a permanent right to a piece of land, but he would not necessarily have the same right to another piece of land adjoining it.

4. The next point taken is, that the two holdings were amalgamated because one rent-receipt was granted in respect of both. But they have been mentioned as two distinct jamas and we do not think there was any amalgamation of these two tenancies.

5. The third point is that the lease was for an indefinite term a

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