LAWS(PVC)-1916-2-106

BHARAT CHANDRA DAS Vs. RAMANANDA DEB

Decided On February 11, 1916
BHARAT CHANDRA DAS Appellant
V/S
RAMANANDA DEB Respondents

JUDGEMENT

(1.) The plaintiff-respondent brought this suit for declaration of his title to and possession of a 2-annas share, in the residuary chak of thak No. 3450 of Mauza Rampasha, as appertaining to the Taluq No. 24775-59, Benode Ram Gopal, which he had purchased at an auction sale and of which he alleged that the defendants had prevented him from taking possession. He also asked for mesne profits. He stated in his plaint that the other 14 annas of the mauza appertained to 5 other taluqs of which he gave details.

(2.) Written statements were filed by various sets of defendants and a number of issues framed by the first Court, of which the most important seem to have been whether a 2-annas share of any land in Mauza Rampasha appertained to the plaintiff s taluq and as to liability of various defendants for mesne profits.

(3.) The Subordinate Judge made a decree declaring plaintiffs title to an undivided 2-annas share of the lands of the residuary chak of the thak map No. 3450 of Mauza Rampasha. He directed that the map should be relaid in the locality by a Commissioner in execution proceedings, who would deliver possession. He also awarded mesne profits, the amount to be ascertained later against defendants Nos. 1 to 20 and 22.