Law: Bengal Tenancy Act (VIII of 1885)

Section: Ss. 103-B & 104-J.

  (a) Co-sharer-----   ----Exclusive possession of portion of joint-land- Cannot be dispossessed by another co-sharer except by suit for partition.   The fact that there had been no partition by metes and bounds amongst the co-sharers does not justify that one co-sharer in exclusive possession of specific plot of land should be dis possessed by another co-sharer. If any such co-sharer is dispossessed from his specific land he has got the right to recover possession of the land of which he has been dispossessed. If anybody is aggrieved by such exclusive possession of a portion of joint land his remedy lies in filing a suit for partition but so long that is not done the possession of the co-sharer of the specific land must be respected.   (b) Bengal Tenancy Act (VIII of 1885)-----   -------- Ss. 103-B & 104-J. Entries in record of right-Conclusive not only in respect of rent payable but also in respect of liability to pay.   Under the provisions of section 104-J read with section 103-B of the Bengal Tenancy Act, 1885 the entries in the record of rights are conclusive not only in respect of the amount of rent payable by the tenant but also in respect of the liability to pay rent.   Kumar Ghandra Singh Dudhoria and others v. Mirhapur Zemindary Company Limited 46 C W N 802 rel.   (c) Evidence----   -----Plaintiff in civil suit must succeed on strength of his own case-Advantage cannot be taken of weakness of defence. JUDGMENT   CHOWDHURY, C. J.-This appeal is by defendants Nos. 2, 16 and 39 ka and it arises out of the judgment and decree of the District Judge, Tipperah in Partition Appeal No. 100 of 1953 affirming those of the trial Court in Partition Suit No. 114 of 1952.   The facts, shortly stated, for the purpose of this appeal are that, according to theplaintiffs, the disputed land along with other lands originally belonged to one Srijut Khan Chowkidar and his sister Daya Bibi in 2/3rd and 1/3rd share respectively under the Tipperah Khas Mahal and the 1/3rd share of Daya Bibi was in her exclusive possession and recorded as such under the Khas Mahal in the survey of record of the year 1892. Daya Bibi and…