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The facts which have now been found by the Board may be summarised as follows :-

The assessee is a cosharer in the Parbatjor Estate having 8 annas 9 pies share therein. The Tenancy Act in the area is the Goalpara Tenancy Act 1 of 1929. Under that Act the ejectment sections are spread over Sections 65 to 69. Section 65 makes a general provision that a tenant can only be ejected in execution of a decree. Section 66 speaks of ejectment of permanent tenants on the ground of a breach of a covenant. Section 67 speaks of ejectment of occupancy raiyats. This is permissible only in two cases, namely, cases of improper use or cases of breach of a condition consistent with the Act. Section 68 lays down that a permanent tenure holder or a raiyat at fixed rates or an occupancy raiyat cannot be ejected of non-payment of arrears of rent. Section 69 speaks of ejectment of non-occupancy raiyats on the ground of non-payment of arrears of rent or improper use or service of a six months notice. A perusal of these sections indicates that the tenants of the above descriptions cannot be turned out at the mere whim of the landlord. In all cases the landlord has got to obtain a decree for ejectment. The protection is greater in case of occupancy raiyats where the ejectments can only be allowed in two classes of cases mentioned above. A non-occupancy tenant may be ejected no doubt for non-payment of rent or by the service of a notice for 6 months. In the present case it has been found that the settlements in regard to which selami was received by the landlord were settlement of virgin lands or of lands purchased by the landlord in execution of a decree for rent. The total number of settlements of virgin land has been found to be 278 and that of estate purchased land 136. There has been no instance of re-settlement after eviction by service of a 6 months notice to quit. There has been no written lease but the rent is more or less fixed at 11 annas per bigha plus local rates. The amount of selami received varies with the quality of the land, the amount generally realised being Rs 7 per bigha for jungle lands and Rs. 10 per bigha for other lands. The maximum area settled is 59 bighas, selami received being Rs. 161 and odd annas, the minimum quality of land settled being 15 cottas. It has not been suggested that the selami that was realised represents advance rent not has it been suggested that the selami realised in case of estate purchased lands includes the rents which were unrealised during the period the landlord was in khas possession.