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

The assessee is a co-sharer in the Parbatjoar Estate having 8 annas 9 pies share therein. The Tenancy Act in the area is the Goalpara Tenancy Act I 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 66 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 occupant raiyat cannot be ejected for nonpayment 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 of service of a six months' notice.