NANDESWAR CHAKRAVARTY Vs. MAHENDRA NATH SARMA AND ORS.

JUDGEMENT

(1.) THIS is an appeal by the defendant 1 and arises out of a suit for declaration of title and recovery of possession. There is also a claim for mesne profits;

(2.) THE disputed land comprises an area of 21 bighas, 2 kathas and 12 lessas. About 19 bighas, out of this area, are covered by periodic patta No. 59, and the rest of the area Is held under an annual patta. The litigation in this case is mainly between two rival purchasers or alleged purchasers from defendant 3 who admittedly was entitled to the land.

(3.) THE first Court dismissed the suit, but the decision has been reversed on appeal by the lower appellate Court.