SHEIKH JABEDALI Vs. PRASANNA KUMAR NAG

JUDGEMENT

(1.) The plaintiffs in the suits from which these appeals arise are Prasanna Kumar and Chandra Kumar, sons of the late Krishna Kumar Nag; they instituted five suits, two of them relating to land situated in Mouza Balina, three relating to lana situated in Mouza, Dubail. In the first Court they won in the two suits relating to Mouza Balina while they lost the other three. That decision gave rise to five appeals, three by the plaintiffs, and two by the defendants. In the lower Appellate Court, the defandants appeals were dismissed, and the, plaintiffs appeals decreed almost in full.

(2.) There are now eight appeals before us. Three are preferred by the plaintiffs, and they are in respect of that part of their claim regarding the land in Mouza Dubail which has been dismissed. They are Appeals Nos. 1281, 1322, 1323. the other five are preferred by the defendants, they are Nos. 1244, 1245 and 1247 relating to Dubail and Nos. 1248 and 1249 relating to Balina. The plaintiffs, claim the entire sixteen annas interest in the land in Mouza Balina. They say that they held it as Khamar and enjoyed possession through baragadars until 1318 B.S. when the defendants began to interfere with their possession, and that the latter, after getting themselves wrongly described as raiyats in the Record of Rights dispossessed them in 1320 B.S.

(3.) The defendants say that the land in the suits belongs to the Baliati Babus, and that they, the defendants, have been holding them as raiyats since 1309 B.S.