ABHOY SANKAR MAZUMDAR Vs. SATYENDRA PRASANNA BOSE MAJUMDAR

JUDGEMENT

(1.) This appeal arises out of a suit wherein the plaintiffs prayed for recovery of khas possession of certain lands upon declaration of their title thereto.

(2.) The plaintiff's case as laid in the plaint was that the lands were situate in Mouza Benodepore which appertains to plaintiff's estate bearing Touzi No. 831 of the Faridpore Collectorate and were comprised in the residue of the thak of that Mouza, that the lands were formerly in the occupation of the plaintiffs-tenants and subsequently in their khas possession and that the defendants Nos. 1 and 2 who were the proprietors of the adjoining estate bearing Touzi No. 832 in collusion with the other defendants got the lands recorded in the District Settlement within their estate, and afterwards dispossessed the plaintiffs.

(3.) The defence in substance was that the lands appertained to Taluk No. 832 belonging to the defendants Nos. 1 and 2, that the plaintiffs had no title thereto or possession therein, that the suit was barred by limitation and that the defendants had all along been in possession of the said lands for some time through tenants and for some time in khas, and that the same had been correctly recorded in the District Settlement as being within the defendants estate.