MOHAMMAD ASGAR ALI Vs. NARAYAN MOHAPATRA

JUDGEMENT

(1.) THIS appeal has been filed by the plaintiff against the confirming judgment dated 12 -8 -1953 of the First Additional Subordinate Judge of Cuttack arising out of a suit for ejectment. The plaintiff's case is that .03 acres of the disputed land appertains to Current Settlement plot No. 417 in Khuta No. 493 which is a chandana holding, that the disputed plot belonged to one Karuna Bai who died leaving as her heir a daughter of Chandramoni alias Chandi; and the plaintiff claims title on the basis of a Kabala registered on 30 -9 -1946 which was for a consideration of Rs. 100/ - and executed by the said Chandramoni. According to the plaintiff, defendants 1 to 7 were tenants -at -will in respect of the disputed plot and after service of notice and several demands as they did not vacate the suit land the plaintiff has brought the action on the basis that defendants 1 to 7 are mere trespassers, and as such are liable to be evicted.

(2.) DEFENDANTS 1 to 7 in their joint written statement contend to the effect that the father of defendants 1 to

(3.) THERE is another finding which has been accepted by the learned counsel, appealing on behalf of the plaintiff -appellant, Mr. Mohanty, that the present appellant Asgar Ali is only a cosnarer with Pancnei who also has interest in the suit property. Mr. M. Mohanty very clearly asserts tnat if any decree is granted in favour of the present plaintiff it must be on behalf of both the cosharers and must enure to the benefit of both of them.