KINKAR CHANDRA HAZRA Vs. SUDHIR CHANDRA GHOSAL

JUDGEMENT

(1.) This appeal is against a decree of affirmance, The plaintiff appellant instituted Title Suit No.5 of 1962 for a declaration of his title in tenancy interest in respect of Kha schedule land of the plaint and also for a further declaration that the defendants had no title therein and for permanent injunction restraining them from interfering with his possession of the suit lands. The plaintiff, it appears, also instituted Money Suit No.12 of 1958 for a money decree for Rs.444/- being the amount of compensation for paddy on the suit land which was alleged to have been forcibly harvested by the defendants. These two suits were heard analogously and the evidence, oral and documentary, is common in both the suits. Issue No.3 of the Money Suit is as follows:-

(2.) The learned Munsif answered the issues 5 and 6 of the Title Suit in the negative. He further held that as the possession continued to be with the defendant No.1, the money suit faild. In regard to issue No.3 of the Money suit, the learned Munsif observed that in view of his above discussion '. . . . the plaintiff never possessed the suit lands in khas and therefore he is not entitled to any compensation from defendant No.1'. Both the suits were accordingly dismissed.

(3.) Two appeals were preferred against two decrees which were based on the above common judgment and in the appeals heard analogously, the appellate court framed two points for determination which are as follows:-