NRITYA GOPAL MITRA Vs. JORIT MANJARI DASI

JUDGEMENT

(1.) The second appeal is on behalf of the defendant and arises out of a suit for possession of land, decreed by the District Judge of Murshidabad on the 19 April 1922.

(2.) The facts shortly stated are these: the plaintiff sued the defendants as trespassers with reference to the lands which admittedly comprised the holding of a tenant, Khetranath Pal, under the plaintiff and the defendants are in possession of those lands as purchasers of the holding which was not transferable by custom. The defence mainly was that the entire holding had not been sold and therefore the plaintiff could not treat the holding as abandoned.

(3.) The learned Munsiff decreed the suit but his judgment was reversed on appeal by Mr. Boss, the additional District Judge and the suit was dismissed on the 25 November 1921.