HEMENDRA NATH ROY Vs. UPENDRA NARAIN ROY

JUDGEMENT

(1.) The plaintiff, Upendra Narain Roy, has brought this suit to establish his claim to lands in Ghat Bharra in the District of Bankura as held in Digwari chakran right. The defendants are his rival claimant, Hemendra Nath Roy, the Secretary of State for India in Council, and the Raja of Panchakote, the zemindar. There are also certain pro forma defendants of whom some are the plaintiffs brothers, and one is Darpanarain Roy, who is admittedly one of the two Digwars of Ghaut Bharra.

(2.) The Subordinate Judge has passed a decree in the plaintiff s favour and has directed that the plaintiff do recover possession of the land in suit, and effect has been given to this direction. From this decree an appeal to the High Court was preferred. It was heard by Fletcher and N.R. Chatterjea, JJ. They were divided in opinion and so the view of Chatterjea, J., who was for confirming the decree of the Subordinate Judge, prevailed.

(3.) From this judgment the present appeal has been preferred under Clause 15 of the Letters Patent by Hemendra Nath Roy, who has been supported by the Raja of Panchakote, a respondent in this appeal. No one else has appeared except the plaintiff who has supported the decree in his favour.