SHEIKH BARKAT ALI Vs. BASANT NUNIA

JUDGEMENT

(1.) In a Record of Rights published in 1896 the plaintiff was recorded as an occupancy raiyat in respect of a holding of 8 bighas under the 3rd party defendants. It is admitted that in 1909 there was a proceeding under Section 145, Criminal Procedure Code, between the plaintiff on the one side and the 2nd party defendants on the other, who are the proprietors and managers of Thikaha Indigo Factory and have obtained a lease from the 3rd party defendants of the mauza in which the plaintiffs holding falls. In that proceeding the area in dispute was about 5 cottas and in a judgment, dated the 27th September 1909, it was held that the 2nd party defendants were in possession.

(2.) The plaintiff alleges that encouraged by this decision the 2nd party defendants dispossessed him from a further area of 2 bighas odd. The plaintiff accordingly sues for a declaration of his title and recovery of possession.

(3.) The defence of the 2nd party defendants is that the plaintiff has neither title nor possession; that the lands in suit are zerait lands of the Factory; and have been settled by the Factory with various tenants of whom the defendant 1st party is one.