TAHER MONDAL Vs. TARAFDI GHARAMI

JUDGEMENT

(1.) This is an appeal from the judgment and decree of the Additional District Judge of 24- Parganas, dated the 12th May 1913, setting aside the judgment and decree of the Munsif of Basirhat, dated the 30th April 1912.

(2.) The plaintiff s Suit against the respondents is for recovery of khas possession of certain lands by ejectment, on the ground that his tenant, defendant No. 2, in collusion with the defendant No. 1, allowed the latter to encroach upon the lands of the tenancy at the time of the re-excavation of a tank and further on the ground that he made an exchange of some lands of the tenancy With the defendant No. 1 in contravention of the terms of the kabuliyat. The present suit, it is alleged, was instituted on the refusal by the defendant No. 2 to pay compensation.

(3.) The defence of the defendant No. 2 is a denial of the allegations in the plaint and also that the Suit is barred by limitation.