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Judgment
Ghose, J.—This appeal arises out of a suit for ejectment. It has been found, though the finding has been impeached before us by the learned Vakil for the defendant-appellant as based upon no evidence, that the plaintiffs are raiyats and the defendant an under-raiyat. The plaintiffs gave a notice to the defendant to quit, but this notice seems to have been sent to him by post, and was not served upon him in accordance with Rule 8, chap. I of the Rules framed by the Government of Bengal u/s 189, of the Bengal Tenancy Act. The notice must therefore be taken to be bad in law: See Tara Das Malakar v. Ram Doyal Malakar 2 C.W.N., 125. It follows, therefore that the suit, as based upon such a notice, must fail, and the plaintiffs are not entitled to obtain ejectment in this case.
In this view of the matter, we refrain from expressing any opinion upon the question whether the plaintiffs have rightly been found to be raiyats and the defendant an under-raiyat.
The appeal will be decreed, and the suit dismissed with costs in all the Courts.