(1.) THIS appeal by the first defendant sm. Nagendra Bala Devi Chowdhuranil, since substituted by the Administrator general, West Bengal, from an appellate judgment and decree of affirmance, is put in two ways.
(2.) FIRST: here is a mokari mourasi tenancy as respects the disputed land, and, therefore, protected, under section 37, subsection 1, clause (b), subclause (ii), of the Bengal Land-Revenue sales Act 11 of 1859, as substituted by the West Bengal Amendment Act 7 of 1950. That being so, the plaintiff subodh Gopal Basu, now first respondent, is disentitled to a decree, the two courts below have granted him, for joint possession of the disputed land, by virtue of his purchase in a revenuesale on January 6, 1936. Joint possession, because he is a fractional owner of the land, owned, by the proprietors of other touzis as well (paragraph 5 infra.)
(3.) SECOND : Subodh Gopal's suit for declaration of title and joint possession, instituted on May 1, 1951, in the court of the subordinate Judge, is barred by time, he having never been in possession of the land in controversy within twelve years from January 8, 1936-the date of his purchase in the revenue sale.