LAWS(ORI)-1949-3-7

GIRIDHARI DHAL Vs. HRUSHIKESH ROY

Decided On March 03, 1949
GIRIDHARI DHAL Appellant
V/S
HRUSHIKESH ROY Respondents

JUDGEMENT

(1.) This appeal arises out of a suit filed by the appellant for confirmation, or, in the alternative, for recovery of possession with damages, from defendant No. 1 of 2.10 acres of land comprised in C. S. holding No. 165 of village Guhali.

(2.) The plaintiff's case is that He purchased the suit lands at a Civil Court sale on 15-9-1941 and was put in possession through court, and was in possession till 3-1-43 when he was ousted by defendant No. 1 who claims to have purchased the same lands at a Rent Sale in execution of a decree obtained by defendant No. 4 in the Rent Court in suit No. 17752 of 1940-41.

(3.) The admitted facts are that defendants 2 and 3 were originally the recorded tenants and defendant No. 2 ultimately became the sole tenant as he had purchased defendant No. 3's interest prior to the rent suit. Defendant No. 4 is the landlord of the holding and defendant No. 5 is the Court of Wards, who have taken charge of the management of the estate belonging to defendant No.