DWARKA NATH BANERJI Vs. RASH BEHARI GUHA

JUDGEMENT

(1.) This is a second appeal preferred by the defendant No. 1. The suit was brought by the plaintiff to recover possession of certain plots of land to the extant of his share in a certain taluk and to the extent of the share to which he claimed title as purchaser in 1910 of the holding comprising those plots, at a sale in execution of a decree for arrears of rent obtained by him against the defendants Nos. 5 and 6 as raiyats.

(2.) The plaintiff's share in the taluk as talukdar and miras ijaradar amounts to 10 annas, 5 gandas. The share he claimed of the raiyati holding was 9 annas, 15 gandas. His claim is thus stated by the learned Munsif:--"The plaintiff prays for ejectment of the principal defendants from the 10 1/2 annas share, or, in the alternative, for ejectment from 1/2 anna share corresponding to his subsequently acquired share in the taluk, and for a declaration of his right to receive from the principal defendants the rents which defendants Nos. 5 and 6 agreed to pay in respect of 9 annas, share, and also prays for mesne profits." The description of the half anna share as corresponding to a subsequently acquired share in the taluk is apparently due to a misapprehension. The half anna share is the difference between the talukdari share of 10 annas, 5 gandas and the raiyati share of 9 annas, 15 gavdas (see prayer Kha, of the plaint)

(3.) The original tenant of the holding was one Nasaruddi Akan, whose rights were purchased in 1904 by the defendant No. I's mother at a sale in execution of a money-decree against him.