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Judgment
Maclean, C.J.—The Defendant No. 1, who is the Appellant before us, has been found by both the Courts below to be an under-raiyat. The only question we have to decide is, whether the present case comes within sub-sec. (b) of sec. 49 of the Bengal Tenancy Act. The Defendant was holding under a written lease, but in that written lease nothing is said as to the duration of the time of the tenancy. The question is whether the Defendant is holding "otherwise than under a written lease" within the meaning of the sub-section. In my opinion he is : I think "written lease" in sub-sec. (b) means such a written lease as is mentioned in sub-sec. (a), that is a written lease defining the term of the tenancy. Here the term is not defined. In this view, the judgment of the Court below is right and this appeal must be dismissed with costs.
Mitra, J.
I concur.