TARA PRASAD MUKHERJEE Vs. GANESH CHANDRA MONDAL

JUDGEMENT

(1.) This is a second appeal by the plaintiffs who filed a suit for khas possession against the defendants. The plaintiffs were the patnidars in respect of two mohuls, mouza Kharia and Mangrajpur which were part of the mohuls of the Maharaja of Burdwan. They appointed Nandiram Mondal and Ganesh Chandra Mondal as paiks who were allowed to possess a few bighas of land in lieu of wages, during the continuance of their service as paiks. Nandiram died leaving defendants Nos.2 and 3 as the heirs. In Baisak, 1362 B.S. the plaintiffs asked the defendants to give up the lands in suit and they were also dismissed from service on that date. It is the plaintiff's case that the defendants agreed to quit. But on the 2nd Pous, 1363 B.S. the defendants refused to vacate. It was then that the plaintiffs instituted the suit on the 23rd March, 1957.

(2.) Defendants Nos. 1 to 3 filed a written statement and the main defence is as follows :- They were working as paiks for generations. The defendants' predecessor got it by grant, burdened with service. The claim that the defendants are now tenants under the Government and that from 1362 B.S. the plaintiffs have no right, title and interest in the lands in suit.

(3.) The trial Court decreed the suit. On appeal the lower appellate Court allowed the appeal and set aside the judgment and decree of the trial Court and dismissed the suit of the plaintiffs. In this second appeal the plaintiffs, therefore, are the appellants.