MAHARAJA JAGADINDRA NATH ROY BAHADUR; BHABA PRASAD KHAN CHOWDHURI; RANI HEMANTA KUMARI DEBI AND HEM CHANDRA CHOWDHURI Vs. RANI HEMANTA KUMARI DEBI; BHABA PRASAD KHANCHOWDHURI AND HEM CHANDRA CHOWDHURI; MAHARAJA JAGADINDRA NATH ROY BAHADUR

JUDGEMENT

(1.) These appeals and cross-appeals from a judgment and decrees of the High Court of Bengal, dated the 5th of June 1905, arise out of certain actions in ejectment brought by the plaintiffs in the Court of the Subordinate Judge of Mymensing to recover possession of seven plots of jungle lands, commonly called garhs, as appertaining to their estate of Pergunnah Pukhuria.

(2.) The main defence to the suits was based on the allegation that the lands in dispute formed part of the defendant s talook of Balasuti, and not of the plaintiffs zamindari of Pukhuria. It was also urged that the actions were barred by the Statute of Limitation.

(3.) At the trial the plaintiffs appear to have withdrawn or abandoned their claim in respect of plots 5, 6, and 7 ; and the adjudication was thus confined to the first four pieces of property, named respectively, (1) Ramkrishnabaree, (2) Pirijpur, Bagalbari and Krishnapur, treated as one plot, (3) Jote Pailan, and (4) Mantollah.