RASIK LAL DATTA Vs. BIDHUMUKHI DASI

JUDGEMENT

(1.) The plaintiff is a lunatic and is represented by her husband as her next friend. She has obtained a decree for khas possession against the defendants.

(2.) The defendants 2 to 4 appeal.

(3.) The pleas taken on their behalf are--(1) That as the plaintiff has not been adjudged a lunatic under any law she cannot sue by her husband as next friend; (2) that the Lower Court has not decided the question whether the lands of the appellants constitute a tenure or a holding; and (3) that as they are mortgagees in possession, the plaintiff cannot eject them.