PURNA CHANDRA BANDOPADHAYA Vs. GOURI PADA MUKHOPADHAYA

JUDGEMENT

(1.) This appeal is by defendants Nos. 3 and 4 and it arises out of ft reversioner's suit for recovery of possession of properties, said to have been alienated by the limited owner

(2.) The suit has been decreed by the learned Trial Judge and two of the defendants, Nos. 3 and 4. have now come up on appeal to this Court.

(3.) In the suit, there were 28 defendants and 7 properties, comprised in 5 items of the schedule to the plaint, item No. 1 and item No. 5 having two sub-items each. In the course of the proceedings in the trial court, defendants Nos 5-7 and 18-26 were struck out front the suit and defendants Nos. 9-16 and 28 compromised their disputes with the plaintiff with the result that the suit was ultimately decreed on contest against the present appellants (defendants Nos. 3 and 4) and ex parte against defendants Nos 1, 2, 8 17 and 27 and on compromise against the aforesaid defendants Nos. 9-16 and 28, Defendants Nos. 3 and 4, the present appellants, were interested only in two of the items of the plaint schedule, namely items Nos. 3 and 5 and. in the present appeal, which is at the instance of the said defendants, we are concerned only with the said two properties,