NABA KRISHNA PAL Vs. MOHIT KALI DEBI

JUDGEMENT

(1.) The lands covered by this appeal originally belonged to Rajeswari and Sambhu. They mortgaged them to the plaintiff s lessor who obtained a decree on his mortgage in 1893. In execution he put up the property to sale and purchased it himself in 1900, and subsequently leased it out to the plaintiff. In the meantime, in 1897 the defendant s lessors had purchased the property in execution of a money-decree against Rajeswari and Sambhu. The plaintiff brought this suit to recover possession of these lands.

(2.) The Munsif held that the plaintiff s title was entitled to preference over that of the defendants and gave him a decree.

(3.) In appeal the learned District Judge gave the plaintiff a declaration of his title, but refused the prayer for khas possession, holding that the defendants were under-tenants under the plaintiff. It is not very easy to see on what ground the learned District Judge based his decision. Apparently, it was because he considered that they took their lease in good faith from persons who had purchased the land in good faith in execution of a money decree against Rajeswari and Sambhu in 1897.