SASHI BHUSAN HAZRA Vs. KAZI ABDULLA

JUDGEMENT

(1.) This appeal is preferred by the plaintiff who has been unsuccessful in both Courts.

(2.) On 26 June, 1914, he bought the residuary share of Estate No. 1273 of the Burdwan Collectorate at a sale held under the provisions of Act XI (B.C.) of 1859. After his purchase he says that he obtained possession of all the land in the estate, but ha was prevented by the defendants-from taking possession of a tank known as the Rowta tank, and it was to obtain khas possession of this tank that the suit was instituted.

(3.) The defendants pleaded that the suit was barred by limitation, and that it was bad for defect of parties and on the merits that the tank did not appertain to the-estate bought by the plaintiff, and that they had a lahkeraj right to it.