SATIS CHANDRA BHATTACHARJEE Vs. SATYA CHARAN MOZUMDAR

JUDGEMENT

(1.) The plaintiff sought to obtain a decree, declaring his title to the three plots in the schedule and for a declaration that the defendant had acquired no right to the properties in virtue of the rent decrees he had recovered against the plaintiff's tenants.

(2.) In the opinion of the lower Courts, the plaintiff should have included a prayer for recovery of possession, and further, the lower appellate Court refused to allow him to amend the plaint because there had been considerable delay in applying for that purpose.

(3.) In second appeal, the contentions raised are three in number: first, that the plaintiff's suit was maintainable on a right construction of Section 42 of the Specific Relief Act; secondly, that, at any rate, the amendment of the plaint prayed for should have been allowed, and, thirdly, that, in any event, the suit can proceed with regard to the third plot as to which the defendant has not recovered any rent decree against the tenant thereof.