DWARKA NATH SEN Vs. MOHIMA CHARAN MANDAL

JUDGEMENT

(1.) The suit was to recover khas possession of plots Nos. 1, 2, 5 and the southern half of plot No. 4 and for confirmation of possession of plot No. 3 and the northern half of plot No. 4.

(2.) The plaintiffs claimed these lands both in jote and jamai right. The jamai right, the plaintiffs alleged, had been purchased by them at a sale held in execution of a rent decree against the recorded tenant. Defendant No. 1 alone appeared in the suit and impeached the decree and the sale as fraudulent and collusive. He claimed to have purchased plots Nos. 2, 3 and 4 as per boundaries given at the foot of his written statement from one Mela Ram who had not been made a party to the rent suit. The other defendants did not appear and contest the suit.

(3.) The Court of first instance held that the vendor of defendant No. 1 was not bound by the decree and the sale and that the plaintiffs were not entitled to eject defendant No. 1 from plots Nos. 2, 3 and 4 and declared their jote right to these three plots and also made a declaration that the defendant No. 1 would be allowed to enjoy plots Nos. 2, 3 and 4 as tenants under the plaintiffs. As regards plots Nos. 1 and 5, a decree for possession was given in favour of the plaintiffs upon a declaration of both jote and jamai right.