AMIRUDDIN MAHAMAD Vs. SANKAR BORMAN

JUDGEMENT

(1.) The land in this case formed part of a jots which originally belonged to one Pacha Bama who mortgaged the entire jote to the defendant on the 30 September 1902. After his death, his widow Batashi surrendered the entire holding to the landlord in January 1903. A portion of the jots, namely, the disputed land, was settled with Dhunda Das by the landlord and the plaintiff claims the disputed portion by purchase of the tenancy of Dhunda Das on the 28th December 1910, The defendant claims the land under a kabala from Batachi, widow of Pacha Bama, executed on the 19 March 1915 in satisfaction of the mortgage which had been executed by Pasha in favour of the defendant.

(2.) The plaintiff granted a dur-chukani settlement in respect of the land to Batashi and Dhunda Das and in execution of a decree for arrears of rent against them purchased the disputed land. He obtained possession through the Court but did not obtain actual possession, having been dispossessed from the land by the defendant.

(3.) The suit is, therefore, one for recovery of possession on declaration of the plaintiff's title.