GOPALA ROY Vs. RAM KISHEN THAKUR

JUDGEMENT

(1.) This appeal arises out of proceedings in effectuation of a partition decree.

(2.) One of the plots No. 40 fell to the share of the defendant No. 1. There is an orchard,, upon this plot. The defendants Nos. 3 and 4 claimed to have been in possession of this orchard as their own and they applied to the officer making the partition for assessing a fair and equitable rent upon this plot so that they might continue to possess it as before, paying the rent fixed to the defendant No. 1.

(3.) The first Court found that their possession was not; made out. The lower appellate Court, however, upon the evidence, found that their exclusive possession had been made out.