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1939 Supreme(Cal) 66

NASIM ALI
Anwarali Bepari – Appellant
Versus
Jamini Lal Roy Choudhury – Respondent


JUDGMENT

Nasim Ali, J. - This appeal arises out of a suit for ejectment after service of notice to quit. The subject-matter of the litigation is C.S. plot 531 bearing khatian No. 575 of Mouza Narayangunj No. 188 in the district of Dacca. Plaintiffs' case is that the defendants are mere tenants-at-will and that their tenancy has been determined by a notice to quit. The defences of the defendants are (1) that they are not tenants-at-will, but are permanent tenants, (2) that the suit is bad for defect of parties as some of their co-sharers have not been impleaded as defendants in the suit, (3) that the notices to quit were never served on them and (4) that even if they were served, they were not legally valid and sufficient as they were not served on the entire body of tenants.

2. The learned Munsif arrived at the following conclusions : (1) that the defendants or their predecessors had no permanent tenancy right in the disputed land, (2) that the defendants were not licensees but tenants, (3) that the tenancy was created after the Transfer of Property Act came into operation, (4) that their status was that of monthly tenants, (5) that the notice to quit was duly served, (6) that the no

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