JNANENDRA MOHAN BHADURI Vs. HARENDRA KRISHNA DE

JUDGEMENT

(1.) This is an appeal by the defendants against a decision of the District Judge of Nadia modifying a decision of the Subordinate Judge.

(2.) The suit out of which the appeal arises was for the recovery of possession of certain land from the defendants. The plaintiffs purchased the land at a sale held under the patni regulations and their case was that when they went to take possession of the land they were resisted by the defendants and were compelled to bring the suit.

(3.) The case put forward by the defendants was that they or their predecessors-in-interest had been in possession of the land from before the Permanent Settlement or at any rate from before the creation of the patni and that they had been recognized as tenants in possession, that their holding was a ryoti holding of some 312 bighas together with some other lands lying to the east and west of the ryoti of 312 bighas which other lands they claimed as accretions thereto. A further contention was raised on their behalf that the plaintiffs were purchasers of a part of a patni, but this contention has no force in view of the finding that the patni was of an 8 annas share. The claim to the lands lying to the east and west of the alleged ryoti holding of 312 bighas is untenable and cannot be maintained. As to these lands the defendants are clearly trespassers the land is outside their holding and is not as to any part thereof in the village of Mohisura as they contended, and this claim must fail.