illegally, without notice to the plaintiffs, got an entry of "half batai" entered
in the jamabandi for the year 1996-97, allegedly ... ejected from the suit land.
The revenue entry of 'half batai' having been wrongly made in
the jamabandi for the year
were that Basu, Jaimal and Mahant were tenants-at-will paying half Batai to him as landlord. They were not regularly paying the landlord ... trial, the learned Subordinate Judge found that the defendants were paying half Batai to the plaintiff-landlord and could not, therefore, acquire occupancy rights. They
possession of the suit land as tenant on payment of half
batai. Consequently conditions for acquiring occupancy rights are not
satisfied as tenancy ... payment of half batai.
Counsel for the appellants contended that plaintiffs having
been proved in possession of the suit land as tenants, are entitled
land to the defendant in the year 1957-58
for batai (half share) only for two years and the defendant
had not restored the land ... favour and held that
plaintiff had given this land to defendant on batai for two
years i.e. for Samvat Year
Revenue Court. He further
stated that he is paying one half Galla batai in respect of land
measuring 13 Bighas 2 Biswas for the last ... deposed that the defendant is in possession on
payment of one half Galla batai. The defendant has examined Iqwal
Ali (DW-2) and also examined
disputed land, but his possession was on payment of `batai nisf' (half share
of produce) and thus was akin to the possession ... been
recorded to be in possession on payment of `batai nisf' (half share of
produce) and not recorded as a co-sharer. Even
petitioners were
tenants of Respondent 3 having taken the land on half batai
basis and they stopped payment to Respondent 4. When
Respondents
adduced by the defendants, they have been shown as tenants with half share Batai. Only in the Jamabandi for the year 1981-82 the defendants ... their predecessors entered the suit land as tenants on one-half share Batai under Sucha Singh and they have failed to prove that have been
that he was in possession of the suit land on one-half batai and earlier to him the same was in possession of one Indraj
Killa No.4,9 & 12 as Gair Marusi
tenants on half batai. It was claimed that entry in the revenue record
reflects their status
