SIDDIK AHMED KERANI Vs. AZIZAR RAHAMAN KHAN

JUDGEMENT

(1.) In this case the plaintiff brought a suit to have his Sadar Putni Taluka right declared and Khas possession given in certain properties alleging that one Jogendra Lal Chowdhury had purchased the estate under Act 11 of 1859 and had given him a Patni lease with powers to avoid the encumbrances on the land and obtained Khas possession. The first Court declared his title to most of the lands, excluding some mosques and burial grounds, and found that he was entitled to obtain Khas possession. In appeal the learned District Judge upheld the declaration of the plaintiff's title in respect of the land decreed by the lower Court, but set aside the order for Khas possession. The appeal before us is directed against that order.

(2.) A preliminary objection is taken, first of all, with reference to the question whether the Registrar o? this Court was competent to admit the appeal out of time as it appears that the full Court-fees were not put in within the period of limitation. On this point the rules of this Court have been placed before us and it appears that under the rules and the customs of the Court the Registrar had the power to admit the appeal out of time.

(3.) A more serious difficulty arises owing to the fact, however, that of the defendants who are interested as being in Khas possession of the lands, and who, according to the Plaintiff No. 44, it appears that Defendant No. 11 is dead, a Rule was issued for substitution of his heirs but was subsequently discharged. It also appears that the Defendant-Respondent No. 42 is also dead, and no steps have been taken at all to substitute his heirs.