TRAILAKHYA NATH MAITY Vs. BIMALA SUNDARI DASI

JUDGEMENT

(1.) The principal question raised in this Rule is whether the prayer of the opposite party for getting restitution by way of mesne profits in respect of certain lands allowed by the courts below was proper and legal.

(2.) The Petitioner before this Court had purchased the interest of a co-sharer in certain raiyati lands. The opposite party filed an application for pre-emption under Section 26F of the Bengal Tenancy Act. On January 29, 1946, the Munsif, at Contai, granted the prayer of the opposite party. The opposite party, thereupon, obtained delivery of possession through court. An appeal was taken by the present Petitioner to the court of the District Judge. The appeal was allowed, and the present Petitioner got back possession, through court, of the property on July 29, 1946.

(3.) The opposite party came up to this Court in revision. The original order passed by the Munsif was restored and the opposite party again recovered possession of the properties from the present Petitioner before this Court on September 14, 1947.