PANKAJ MOHAN BAL Vs. BIPIN BEHARY CHAKLADAR

JUDGEMENT

(1.) These appeals arise out of suits for khas possession of the land in dispute in each case which had been allotted on a partition of an estate effected by the Collector as between the plaintiffs and the defendants The partition was made on a rayatwari basis but the lands were in the exclusive possession of the defendants who were also co-sharers of the estate in which the lands in dispute are situate.

(2.) The defendants pleaded inter alia that the plaintiffs were not entitled to get khas possession of the lands as the defendants had a chak right, or a tenancy right by adverse possession for more than twelve years.

(3.) The Court of first instance decreed the suits on the grounds that the defendants had failed to prove the chak right and as co-sharers did not acquire any right by adverse possession. On appeal tie learned District Judge reversed that decision and the plaintiffs have preferred these appeals.