RAM RATAN MANDAL Vs. NILMONI CHOWDHURY PROPRIETOR OF THE FORM CHOWDHURY AND COMPANY AND THE CENTRAL NEDIA COAL COMPANY LIMITED THROGH THEIR AGERTS MESSRSLINTON MILLER LIMITED; AND MESSRS MOLEWORTH AND COMPANY ALDED AS PARTY RESPONDENT

JUDGEMENT

(1.) This appeal arises out of a suit for recovery of possession of the disputed land on declaration of the plaintiffs title to the same.

(2.) The Court of first instance decreed the suit, but that decree was set aside by the lower Appellate Court which dismissed the suit. The plaintiffs have appealed to this Court.

(3.) The Court of Appeal below has decided both the questions of title and limitation against the plaintiffs, but we think that it has not dealt with the case properly. With regard to the question of title, the learned Subordinate Judge observes the Munsif has stated many things in his judgment regarding title and possession in respect of the lands, but most of his observations are based upon surmises ". He does not state, however, what they are The Munsif elaborately discussed the evidence as to title. The learned Subordinate Judge refers to certain documents but appears to have considered only some of the grounds upon which the Munsif based his decision. The judgment is one of reversal, and we do not think that he has dealt with the question satisfactorily.