SHAMSUDDIN AHAMMED Vs. SURESH CHANDRA DEY

JUDGEMENT

(1.) The suit in which this appeal has arisen, was instituted by the plaintiffs, as the purchasers of a Patni Taluk, for establishment of their title to the lands in suit, for khas possession of the same, as also for realisation of mesne profits. The entry in the finally published record of rights was against the plaintiffs, inasmuch as it showed defendants 1 and 2 had a nishkar, called an upajibika carved out of the patni, purchased by the plaintiffs, and that the defendants were in possession in that niskar right. The case of the plaintiffs was that the lands never appertained to any upajibika or nishkar, and even if defendants 1 and 2 possessed the lands on assertion of a nishkar right, that possession could not affect the plaintiffs right to get possession of the lands appertaining to the patni purchased by him, free from all incumbrances.

(2.) On the pleadings of the parties, the issues raised in the suit relevant for the purpose of this appeal, were these: Are the lands in suit covered by nishkar upajibika as alleged by the defendant? Can the plaintiff get khas possession of the suit lands? Can the plaintiff get any mesne profits?

(3.) The Courts below decided the case against the contesting defendants in the suit, and directed khas possession to be delivered to the plaintiff with the exception of lands in the possession of defendants 11 to 15.