HARIHAR DAS Vs. KRISHNADHAN GHOSH

JUDGEMENT

(1.) This appeal arises out of a suit for a perpetual injunction restraining the defendant from entering a garden alleged to belong to the plaintiff and for the value of fruits appropriated by the defendant.

(2.) The defence was that the property did not belong to the plaintiff alone, that, the property was held by the defendant as a tenant but that if he was not a tenant, he had been in possession of it for more than 12 years and acquired a statutory title.

(3.) The Court of first instance held that defendant had acquired the right of a tenant by possession for 12 years and dismissed the suit. On appeal the learned Subordinate Judge disallowed the prayer for perpetual injunction but gave a decree to the plaintiff for damages.