JAHAR LAL MANNA Vs. TARAKESHWAR JEWS SHEBAIT MOHUNT SREEMAT DANDISWAMI HRISHIKESH ASRAM OF TARAKESWAR

JUDGEMENT

(1.) We heard this appeal on Feb. 4, 1972 when no one appeared for the respondents. By our judgment and decree on the same date we allowed the appeal. The plaintiff's suit for declaration of title and recovery of possession of the suit lands was decreed.

(2.) The respondent No. 2 thereafter filed an application under Order 41, Rule 21 of the Civil P. C. for a rehearing of the appeal on the ground that no notice of the appeal was ever served on him. He could not take steps for his appearance and arrange for his representation at the time of hearing. On this application under Order 41, Rule 21 we issued a Rule and ultimately made it absolute. The judgment and decree which we passed on Feb. 4, 1972 were set aside.

(3.) The appeal has now been heard at length. The dispute relates to about 6.89 acres of land under Khatian No. 238 in mouza Chowtara, Police Station Dhania-khali, in the district of Hooghly. One Bholanath was a tenant in respect of this land under Satis Giri, the Mohunt of the Hrishikesh Ashram of Tarake-swar. On the 22nd December, 1932, Bholanath sold some portions of the land to the defendants Nos. 7 and 8. The defendants Nos. 3 to 6 are the heirs of Bholanath and the defendant No. 1 is the present landlord.