MUKHRAM KAMPAR Vs. BASANT RAI

JUDGEMENT

(1.) This is a plaintiff's appeal in a suit for possession of certain fixed rate tenancy plots and for recovery of Rs. 270/- as mesne profits.

(2.) The plaintiffs claimed to recover as the next reversioners of the last male-holder and filed the suit upon the allegations that the plots in question were alienated by Smt. Mabtula Kuar, who held the plots at the time of their transfer by her as a Hindu widow without any legal necessity or for the benefit of the estate. The deed by which the transfer was effected was dated 18-5-1917 and was in favour of one Saidan Kumar. The defendants are his successors-in-interest. The case of the plaintiffs was that the widow Mabtula Kuar, had died on 12-6-1937 and that the defendants thereafter had no right to remain in possession and that they had refused to deliver up the said plots; hence the suit for possession and mesne profits in the sum of Rs. 270/-.

(3.) Several defences were raised. The ones with which I am concerned in the present appeal relate to jurisdiction and mesne profits.