KRISTOPADA ROY Vs. CHAITANYA CHARAN MONDAL

JUDGEMENT

(1.) The plaintiffs are the appellants. Their suit was for establishment of their title as against; defendants Sob. 6 to 11, and for recovery of khas posses-ion as against the tenant-defendants Nos. 1 to 5, They lost in the First Court, and on appeal they succeeded in part, they now prefer this appeal in regard to the part of their; claim that has been disallowed.

(2.) The property in suit is two-thirds of a plot measuring 10 bighas 16 kattas. This portion was bought by one Syama Charan Mokerjee in 1273 B. S, he died leaving two sons, Akhoy and Abhoy. They together mortgaged it to Jiban Krishna Boy, father of plaintiffs Nos, 1,2 and 3, and of defendant No. 12, and grandfather of plaintiffs Nos. 4 and 5, The mortgage was dated; 1297. Jiban got a degree on the mortgage, in 1896, and bought the mortgaged property in execution on January l2, 1897.

(3.) Meanwhile Abinas, the predecessor of defendants Nos. 8 to 11, had obtained a decree against Abhoy alone, and bought the interest of Abhoy in an execution sale on June 9, 1894. At that time the tenants tinder Akhoy and Abhoy, namely, Chaitanya, defendant No. 1, Sridhar, defendant No. 5, and Krishna, the father of defendants Nos. 2, 3 and 4, were in occupation of the land. Abinas took a kabutiyat from Krishna and Sridhar. Although Abinas had bought Abhoy's interest before Jiban brought his suit, he was not made a party to that suit.