ORIENT PAPER MILLS LTD Vs. SITARAM AGARWALA

JUDGEMENT

(1.) IN the two suits from out of which both these appeals arise Orient Paper Mills Limited is the plaintiff. The defendant in each case is different.

(2.) SECOND Appeal No. 148 of 1953 arises out of Title Suit No. 8 of 1949, where the defendant is one Anadi Ghosh. Second Appeal No. 493 of 1951 arises out of Title Suit No. 193 of 1949 where the defendants is one Sitaram Agarwala. In the two suits the plaintiff relies upon the same document, a registered lease -deed dated 10 -4 -47,

(3.) THE registered lease -deed on which the plaintiff bases his title in both the suits appertains to Holding No, 24 of mouza Khetrajpur with an area 3.61. Each of the suits are for declaration of title and for recovery of possession in respect of 19 of plot No. 250 and 20 of plot No. 227 of the Hamid Settlement of Sambalpur of the year 1925 recorded in the name of deity Ramchandra Mohaprabhu through marfatdar Bakaram. The plaintiff traces his title in the following manner in both the suits: Bakaram executed a deed of trust in favour of 5 others and himself on 21 -1 -45 and all these six trustees executed a deed of surrender dated 5 -3 -47 in favour of one Pravakar Supakar, the Lambardar Gountia, for the benefit of the deity. The deed of surrender is in respect of the aforesaid, ryoti holding No. 24. After the surrender; the Lambardar -Gtountia executed a registered lease deed In favour of the plaintiff on 10 -4 -47. The plaintiff alleges in both the suits that the Lambardar -Gountia had delivered possession to the plaintiff; but as his possession has been disturbed he has sued for delivery of possession.