SRIMATI KUMUDINI DASI, WIDOW OF GIRISH CHANDRA MITRA Vs. SRIMATI SURENDRABALA DASI WIDOW OF MONMATHANATH BOSE

JUDGEMENT

(1.) This appeal is preferred by the defendant, and it relates to a small strip of land measuring about ten kattas. The plaintiff's case is that she and defendant No. 3 are owners of an estate No. 165 of the Hooghly Collectorate, immediately to the east of some railway B class land, and that the land in suit lies within their estate and not in the B class land, that the land was in possession of their tenants, defendants Nos. 4 to 10, but the first and second defendants have entered on the land, and cut trees, dug a tank and built a privy and established a bazar. On those allegations she claimed khas possession.

(2.) The suit was resisted by the second defendant, who asserted that the land was really situated in the B class land of which he is the owner. The first Court found that the land was in the plaintiff's estate and gave her a decree for possession through the tenants along with her co-partner, the defendant No. 3.

(3.) The second defendant appealed and the plaintiff preferred a cross-appeal, and the learned Judge dismissed the cross-appeal, and modified the decree of the First Court by allowing the plaintiff possession through tenants of only that portion which lay immediately to the east of the holdings of the tenants Mohes and Hari Das within the estate: in regard to the remainder he gave the plaintiff nothing more than a declaration of her title.