ARSADULLA Vs. MUNSEB ALI

JUDGEMENT

(1.) The plaintiff-respondent sued for khas-possession of the land in dispute which he had purchased at a sale held in execution of a decree for arrears of rent. The decree for rent was obtained by Ali Meah and others (the heirs of one Sameer Ali) who are said to have a royati interest in the lands, against the defendants Nos. 3 and 4, who, it is alleged, were undev-7- aiyats under them. Plaintiff after his purchase served a notice under Section 167 of the Bengal Tenancy Act for annulling the incumbrance of defendants Nos. 1 and 2.

(2.) The defendants Nos. 1 and 2 denied both the royaii title of Ali Meah and others, and the under-royati title of defendants Nos. 3 and 4 and set up their own royati right to the land.

(3.) The Court of first instance disbelieved the evidence on behalf of the plaintiff and held that Ali Meah and others had no royati right and defendants Nos. 3 and 4 had no under-royati right and that their title, if any, had been extinguished by adverse possession for 12 years on the part of the defendants Nos. 1 and 2.