KHAGENDRA NARAIN CHOWDHRY Vs. MATANGINI DEBI

JUDGEMENT

(1.) THESE two appeals, which have been consolidated, come before their Lordships on appeal from the High Court at Calcutta. The High Court came to the conclusion that neither party had proved their case, and that both the suits instituted in the Subordinate Court should be dismissed with costs.

(2.) IT appears that the Subordinate Judge had decided in favour of the zemindars of Mechpara, and had given them a decree setting aside an Order of Attachment which had been issued by the Magistrate under the 530th and 531st sections of the Criminal Procedure Code, and declaring in favour of their title to the sota in dispute and to the consequent relief.

(3.) THE Government, who have attached the valuable point of the fishery pending this litigation make no claim, and they are really in the position of stakeholders.