Against this decision of the High Court this appeal has been filed by special leave granted by this Court.
I also agree to abide by the rules and bye laws of the Jamshedpur Notified Area Committee in force from time to time.
I agree to hold the land on monthly tenancy and to abide by the terms and companyditions of the Company and the house building rules.
The Trial Court The Additional Munsif, Jamshedpur , accepted the defence plea that the tenancy created in favour of Abdul Gani was agricultural, that Abdul Gani had acquired an occupancy raiyats right therein and as the tenancy Act was governed by the Chotanagpur Tenancy Act the suit was number triable by a civil companyrt.
Appeal by special leave from the judgment and decree dated March 26, 1958, of the Patna High Court in Second Appeal No.
of the defendant having acquired the right of occupancy in the land.
The High Court of judicature at Patna however came to the companyclusion in Second Appeal that the lease was number for agricultural and horticultural purposes and there was numberquestion.
The present appellant was added as a defendant by an order dated May 25, 1953.
Accordingly, he dismissed the suit.
I agree to pay the security deposit to be fixed by you in respect of my tenancy as soon as the plot IS allotted to me and shall submit the plan of MY proposed house for approval of the Chief Town Engineer before I start companystruction.
The application is in these words I beg to apply for a plot of land measuring 1267 sq It.
CIVIL APPELLATE JURISDICTIONCivil Appeal No.
The defence of Abdul Gani was that he was an agriculturist tenant as companytemplated under the Ghotanagpur Tenancy Act and number a monthly tenant and that numbermonthly rent was paid for the land It was, also pleaded that the lease being for agricultural and horticultural purposes at an annual rent, the defendant acquired a valid occupancy right and was number liable to ejectment.
There was also, a prayer for arrears of rent at Re 1/ per month.
On appeal the Subordinate Judge, Singhbhum, with the findings of the Trial Court that the holding was agricultural and therefore governed by the Chotanagpur Tenancy Act and accordingly affirmed the judgment and decree of the Trial Court.
C. Chatterjee and R. C. Prasad, for the appellant.
286 of 1960.
He also filed a written statement companytending that by operation of the provisions of Chotanagpur Tenancy Act, Abdul Gani had acquired occupancy right, that the purpose for which settlement was made with Abdul Gani companyld number create a monthly tenancy and the plaintiff was number entitled to Khas possession.
N. Andley and S. P. Varma, for the respondent No.
in the Sakchi New Planning area in the town of Jamshedpur.
On June 23,1937, Abdul Gani, through whom the present appellant claims to be interested in the land, applied for settlement of this plot of land to the Land Officer of the owner of the land, the Tata Iron and Steel Company Ltd. The application was allowed and the land was let out to Abdul Gani as a tenant from month to month at a rent of Re.
1330 of 1954.
The judgment of the Court was delivered by DAS GUPTA, J. The subject matter of this litigation is a plot of land measuring 1267 sq.
November 9.
1/per month.
The suit out of which this appeal has arisen was brought in 1949 for ejectment of the tenant after determination of the tenancy by a numberice to quit the premises.
