RAI CHARAN MAHANTI Vs. KANAI KAMAR

JUDGEMENT

(1.) The facts of this case are that the plaintiffs purchased at an auction-sale, held under a decree which had been obtained against the defendants, the mocurari tenant right of the village of Jhilimili.

(2.) The defendants Nos. 1 to 3 and another are tenants of the plaintiffs under a lease granted by the plaintiffs, dated 14th April 1892, in respect of the lands in the village, except 30 bighas of lands which the plaintiffs "kept in khas" and the trees hereinafter referred to. The defendants Nos. 4 to 6 are sub-tenants of defendants Nos. 1 to 3. In the action the plaintiffs ask for a declaration that the right of the plaintiffs as stated in the plaint may be declared in the trees in the land described in schedule (ka) in the plaint which, as I understand, include all the trees on the land demised by the plaintiffs, and for a permanent injunction restraining the defendants from opposing the plaintiffs in any way in their possession of the aforesaid trees and for a decree awarding Rs. 156, the value of lac grown on 13 trees.

(3.) As regards the last mentioned claim which was in the nature of damages, it was admitted by the learned Vakil for the appellants that the matter was not open to him as the lower Appellate Court had found against the plaintiffs on a question of fact.