AKSHOY KUMAR CHAKRABARTI Vs. MANMATHA NATH MUKHERJI

JUDGEMENT

(1.) This appeal is by the Defendants in a suit (sic) with respect to C.S. plots 1875 and 1876 with a total (sic) of 44 acres in mouza Amta. During the C.S. operations, (sic) lands were recorded in khatiyan No. 617 of the mouza, as (sic) by these Defendants under Manmatha Nath Mukherji's (sic) interest, as occupancy raiyat. In the column for rent, ire was the entry nishkar and in, the remarks column an (on the (sic) of adverse possession, which has been established for more in twenty years). The suit was brought by Manmatha Nath (sic) for a declaration that the land lies within the (sic) patni, being land within the Trial assets of the (sic) estate, that it is not nishkar and for assessment of (sic) and equitable rent and for damages for use and occupation the land.

(2.) The defence was that the lands were outside the mal assets of (sic) estate and thus outside the Plaintiff's patni, being (sic) by taidad No. 3057 of one Jadabendra Majumdar and it the Defendants and their predecessors have been exercising (sic) title in this land from before the Decennial Settlement, assertion of such adverse title to the knowledge of the (sic) and his predecessors.

(3.) The trial court held that the land does not appertain to the (sic) assets of the Plaintiff's mahal and is, therefore, not liable assessment and dismissed the suit.