KALIDAS DAS Vs. SRIMATI SATKARI DASSI

JUDGEMENT

(1.) This appeal has arisen out of a suit which was instituted by the plaintiffs for recovery of possession of a Putni Taluq on a declaration of the plaintiff's title thereto and after annulment of the encumbrances, if any, claimed by the defendants,, and also for mesne profits. A decree having been passed in plaintiffs favour the defendant No. 2 has preferred this appeal.

(2.) The facts, according to the plaintiffs, are the following:

(3.) Touzi No. 148 of the Birbhum Collectorate which comprises lot Gomai was sold for arrears of revenue on March 27, 1924,and was purchased by the defendant No. 17 in the benami of the defendant No. 16. On December 7, 1924, the defendant No. 16 took possession of the mahal through the Collectorate. Thereafter, on January 5, 1925, the defendant No. 16 executed a deed of release in favour of the defendant No. 17. On January 30, 1925 (Magh 17, 1331) the defendant. No. 17 settled the mahal in putni with the plaintiffs with power to annul encumbrances, if any. The zemindari originally belonged to the deity Radharaman Jieu Thakur and there was a putni under it of which the holder at the time of the sale was the defendant No. 1. Defendants Nos. 2 to 12 are darpatnidars of several interests under the defendant No. 1. Of these the defendant No. 2 who is the appellant, has 13 annas and odd darpatni interest in five of the villages, and 8 annas darpatni interest in the sixth one-lot Gomai con sisting of six villages in all. Defendants Nos. 13 to 15 are mortgagees from some of the darpatnidars.