JALADHAR KAR Vs. SADHU CHARAN KAR AND ORS.

JUDGEMENT

(1.) THE Plaintiff who instituted two separate suits being Title Suit Nos. 47 and 48 of 1953 in respect of two parcels of land is the Appellant against the reversing decision of the learned Additional Subordinate Judge of Cuttack. He had sued for declaration of title, confirmation and recovery of possession. He had also asked for the relief of recovery of damages.

(2.) TITLE Suit No. 47 of 1953 was in respect of 77 decimals of land while the connected suit was in respect of 23 decimals of land. The Plaintiff claimed that under an oral lease from the Manager of the Ex -estate of (sic) in March, 1941 he was accepted as the lessee in respect of these two items of property. The Defendants 1 and 2 were lessees for 25 decimals and 3 decimals respectively out of plot No. 96, the western portion whereof to the extent of 77 decimals was granted to the Plaintiff under the lease. These two Defendants with their associates disputed the Plaintiff 's title in respect of the disputed property and on 6 -9 -1950 and 12 -9 -1950 they out and removed the standing jute crop raised by the Plaintiff. There was a criminal case by the Plaintiff which ended in acquittal. Thereafter the Plaintiff came with the present suits.

(3.) THE learned Trial Judge decreed both the suits and declared the Plaintiff 's title and an owed him to recover possession. He further directed partition of the properties, but negatived the relief for damages.