RENUPADA SAHA Vs. ORAMBA PADA MONDAL

JUDGEMENT

(1.) THIS appeal arises out of a suit for compensation filed by appellant Renu Pada Saha against respondent Orambapada Mondal for exclusive use and occupation of a large tract of char land of the river Bhagirathi. There were also some proforma defendants in the trial court who are co-sharers of the plaintiff, but they are taking no interest in this litigation. Some of the main facts involved in this appeal are no longer in dispute. The plaintiff is the owner in one anna share of a char known as Char Ganjamurshidpur described in the schedule of the plaint and the proforma defendants are the owners in the remaining fifteen annas share. The principal defendant took lease of the fifteen annas share of the proforma defendants and went into possession of the disputed char in 1348 B. S. , and exercised various acts of possession therein without taking settlement of the one anna share of the plaintiff.

(2.) UPON these facts the plaintiff claimed compensation to the extent of Rs. 700/- in his one anna share for the use and occupation of the char by the principal defendant during the years 1348 B. S. The main defence of the principal defendant in so far as it is material for the purpose of this appeal, was that he possessed only a portion of the char after having taken lease from the owners of fifteen annas share and he did not oust the plaintiff who never demanded joint possession with the defendant and was free to possess the char to the extent of his share. As there was no ouster of the plaintiff he was not entitled to get any compensation from the defendant and his remedy lay in a suit for partition.

(3.) THE above defence succeeded in the trial court except with regard to a portion of the char which has become arable. This portion measures 26 bighas and odd kathas and as the principal defendant was in exclusive possession of it during the years in suit, the trial court allowed compensation to the extent of Rs. 54/- to the plaintiff for the arable portion and decreed the suit accordingly in part for Rs. 54/-with costs according to the success of the plaintiff.