RADHA KANTA BASAK Vs. AKHOY CHUNDER DEY

JUDGEMENT

(1.) These two appeals came on for hearing on the 21 July 1910, before Mr. Justice Carnduff who recorded the following order: "The hearing of these analogous appeals was just begun before me, and I have been unable to continue it. They may be retained on the list undisposed of."

(2.) In these two appeals, the plaintiffs are the appellants. The suits were brought for recovery of two pieces of land situated side by side, from the defendants in each suit and for declaration of the plaintiffs title. They alleged that they were in possession of the entire plot mentioned in the plaint of which the disputed lands form parts, that the disputed lands appertained to Taluk Gaur Hari Basak, that they were patit lands before, that the defendants have taken possession of them and that they have refused to give up possession or to take settlement from them.

(3.) The defendants, on the other hand, contended that the disputed lands never appertained to Taluk Gaur Hari Basak but that they appertained to Taluk Ram Prosad Dutt and that they had been in possession for over twelve years.