BISWAMBHAR ROY BASIA Vs. AMINUDDI TALUKDAR

JUDGEMENT

(1.) This Rule arises out of certain proceedings taken under the provision of Section 146 of the Criminal procedure statements and adducing evidence on the 16 of November. On the 16th the prayer of the petitioners for an adjournment rejected and after the examination of one Witness for the first party, a final order was made in their favour.

(2.) The case of the first party is that their first member, one Aminuddin, had purchased the superior interest in execution of decree and that, after annulment of encumbrances in the manner provided in Section 167 of the Bengal Tenancy Act his bargadars, he remaining members of the fir f party, are in khas possession.

(3.) The case of the petitioner second party is that the plots in question include their home stead and cultivated lands; that they are occupancy raiyats that; their status cannot be affected by proceedings if they under Section 167 of the Bengal Tenancy Act, and that we have remained and are in possession.