RAJESWARI DASI Vs. PULIN BEHARY MITTRA

JUDGEMENT

(1.) This appeal arises out of a suit for declaration of the plaintiff's title to and recovery of khas possession of certain plots of land comprised in the homestead of the defendants and for ijmali possession of certain other plots. There was a farther prayer for demolition of some buildings standing on those plots.

(2.) The main defence was that the defendants Nos. 3 to 6 who are the co sharers of the plaintiffs had granted a lease in respect of their share to defendants Nos. 1 and 2 and that they bad been in possession of them as tenants on payment of rent.

(3.) The Court of first instance found that the plaintiffs were benamdars of one Kali Gopal, defendant No. 7 in the suit, and upon the evidence the learned Munsif held that the defendants had right to hold the land as tenants and dismissed the suit. On appeal the learned District Judge modified the decree of the Court of first instance.