CHANDI CHARAN MITRA Vs. ASHUTOSH LAHIRI

JUDGEMENT

(1.) These two appeals arise out of two suits for declaration of the plaintiff's title to certain lands and for consequential reliefs. Second Appeal No. 2086 arises out of Suit No. 77 of 1930 and relates to plot ka and portion marked A of Plot kha of the plaint. Second Appeal No. 2087 arises out of Suit No. 59 of 1931 and relates to the remaining portion of plot kha that is, the portions marked B. C. in the Commissioner's map. The plaintiff's case in Suit No. 77 briefly stated is as follows:

(2.) One Uma Chand Majumdar was the owner of this property. He let out plot ka of the plaint by a Potta in 1304 B.S.? to one Rajballav. In 1306 B.S. he let out plot kha to the same tenant by another potta. The plaintiff purchased Uma Charan's interest in the disputed land from one Chandi Charan Roy who purchased the same from Uma Charan. The plaintiff instituted a suit for ejecting the defendants from the land covered by the potta in 1306 and obtained a decree for possession. The plaintiff alleges that he got symbolical possession of the whole of plot kha mentioned in the schedule but could not get actual possession of the portion marked A in the Commissioner's map. Plaintiff brought another suit for ejectment in respect of the land covered by the potta of 1304 B.S. That suit was dismissed ultimately by this Court on the ground the tenancy created by the said potta was to enure at least for the lifetime of the lessee and the lessee was still alive. Plaintiff brought the present suit after the death of Raj Ballav.

(3.) On these allegations the plaintiff prays for a declaration of his title to plot ka of the plaint and to plot A of plot kha as shown in the Commissioner's map and for recovery of possession of the same.