FAKIR CHAND MONDAL Vs. MOHINI DEVI

JUDGEMENT

(1.) Under proprietors Grour Mohan Sarkar and otters one Sourest Cliandra Sen held a raiyati jama of Rs. 52 per annum. That jama was recorded in khatian No. 34 of mouza Uttar Panchpotta, district Madia. Under the raiyati the present Appellant who was the Defendant in the trial court held a korfa in respect of two plots-c.s. dag Nos. 213 and 214. The first of the above two plots comprised a tank and the other a garden.

(2.) On October 20, 1946, the raiyati was purchased by the Plaintiff Sm. Mohini Debi at a rent-sale, held under Section 165 of the Bengal Tenancy Act and duly confirmed under that statute on November 29, 1946, and there is no dispute now that, by her purchase, the Plaintiff acquired the right to avoid all incumbrances by annulling them in the manner provided by Section 167 of the Bengal Tenancy Act. The Plaintiff took delivery of possession through court on January 18, 1947.

(3.) According to the Plaintiff's case, as made in the plaint, the Defendant had only jalkar right in the tank of c.s. plot No. 213 and falkar right in garden in the other c.s. plot No. 214 and the Defendants' rights in the said two plots which were incumbrances in law were duly annulled by service of the requisite notice under Section 167 of the Bengal Tenancy Act. Such notice was alleged to have been served through court on May 3, 1947, in Non-Misc. Case No. 13 of 1947 (under Section 167 of the Bengal Tenancy Act) of the court of the munsif at Ranaghat. On August 22, 1947, the present suit was instituted for recovery of hhds possession on declaration of the Plaintiff's title to the suit land (c.s. dags Nos. 213 and 214) as the Defendant refused to quit the same in spite of repeated demands. In the suit there was also a claim for mesne profits.