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Documents citing Chattra Nath Chowdhury And Ors. vs Babar Ali And Ors. on 6 March, 1924

Jogendra Nath Roy Chaudhury vs Saroj Mohini Debi And Ors. on 5 December, 1938

This has also been held in Chattra Nath v. Babar Ali . This was however a stronger case than the present one inasmuch as there were old batwara papers in which the land appeared as niskar. In a case like this, where both Courts hold that the presumption arising from the entry in the Record of Rights has been rebutted and there is some justification for that finding, I think that this finding should not be disturbed in second appeal, although no doubt the mere [nonpayment of rent for a very long period is not generally in itself sufficient to establish rent-free title. This appeal is accordingly dismissed with costs.
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Rai Harendra Nath Choudhury vs Amal Kumar Roy Choudhury And Ors. on 14 February, 1936

3. Further, the defendants stated that they never paid rent for this land. The plaintiff purchased the superior putni in 1917. He instituted a rent suit against the defendant in 1925 but was not successful. The question is whether upon these facts the defendants are entitled to claim that the lands in suit are a rent-free tenure. Numerous cases were cited at the Bar, namely Jafar Ahmed v. Birendra Kishore (1913) 22 O L J 126, Bipradas Pal v. Monorama Devi AIR 1919 Cal 922, Jagdeo Narain Singh v. Baldeo Singh AIR 1922 P C 272, Chattra Nath v. Babar Ali and Brojendra Kiahore Roy v. Mohim Chandra . Upon perusal of the reported cases it appears that long possession without payment of rent may justify in particular circumstances an inference of a rent-free tenure. The onus is always on the side of the defendant to establish by satisfactory evidence that the tenure he holds is rent-free, when the landlord has shown that the land is within the revenue paying estate.
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