Law: East Bengal State Acquisition and Tenancy Act, 1950

Section: 2(15), 3(2), 19

(a) East Bengal State Acquisition and Tenancy Act, 1950 (XXVIII of 1951) [as amended by East Bengal State Acquisition and Tenancy (Amendment) Ordinance (III of 1956)], Ss. 2(15) & 3(2) read with Notification No. 4839-LR dated 2nd April 1956 "Khas land" or "land in khas possession" as defined in S. 2(15) Land with structure thereon leased on monthly rent and once exempted from acquisition by Government-Cannot be subjected to general notification issued under S. 3(2) acquiring interest of rent-receivers-Exemption so granted sufficient to evidence prima facie title to land-Courts in rent suit should not go behind prima facie title. (b) East Bengal State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), S. 2(23)-Rent-receiver-Land with structure leased out on monthly rent-Title-holder of such land-Not a rent receiver as contemplated by S. 2(23). (c) East Bengal State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), S. 19-Findings of Settlement Officer under S. 19 -Subject to findings of civil Courts-Decision of Settlement Officer on question of ownership of premises-Not final and binding on civil Court-Matter to be decided by civil Court on evidence in each case. On the question as to who was the owner of the disputed premises the decision of Settlement Officer under section 19, East Bengal State Acquisition and Tenancy Act, 1950 cannot be final and binding on civil Courts who will decide the matter on evidence in the case.   JUDGMENT This second appeal is by the plaintiff. It arises out of a money suit filed by the plaintiff claiming arrears of rent amounting to Rs. 364.50 paisa in total for a period of 36 months at the rate of Rs. 9 per month along with compensation at the rate of Rs. 121 per cent. for the same. The plaintiff's claim is that he is 16 annas owner of the premises No. 67, Pyari Das Road, Dacca and defendant is an ordinary bharatia paying rent at the rate of Rs. 9 per month according to the Bengali Calendar Month. The defendant contested the suit by filing a written statement and raising plea that the plaintiff had no title and interest in the said premises 67, Pyari Das Road, Dacca. The defendant himself claimed…