RAM NARAIN DAS Vs. GOVERNOR-GENERAL IN COUNCIL

JUDGEMENT

(1.) This is an appeal by a defendant Ram Narain Dass who is aggrieved by the appellate order of the Special Subordinate Judge of Chaibassa dated 2nd February 1944, by which he reversed the decision of the learned Munsif of Jamshedpur and held that the plaintiff-respondent, the Governor-General-in-Council had a right to maintain the suit in ejectment.

(2.) The facts are no longer in dispute and may be shortly stated. The plaintiff as a result of certain land acquisition proceedings took possession under Section 16, Land Acquisition Act, on 17 July 1920, of the lands which are the subject of this appeal and other lands. Thereafter in accordance with the terms of an indenture dated 9 March 1887, entered into between the Secretary of State for India in Council and the Bengal Nagpur Railway, the land in question was made over to the railway, but the appellant did not give possession to the Bengal Nagpur Railway. The position of the appellant is admitted to be that of a trespasser and he has been found to be in possession for more than twelve years from the date of the suit which was instituted on 20 December 1941. During the pendency of the appeal before the learned Subordinate Judge the management of the Bengal Nagpur Railway passed into the hand of the Governor-General-in-Council, the plaintiff.

(3.) The learned Munsif came to the conclusion that upon these facts the plaintiff was the lessor and the Bengal Nagpur Railway Company was the lessee and as the lands in question had been made over to the Bengal Nagpur Railway the plaintiff having no present right of possession could not maintain the action in ejectment. Accordingly he dismissed the suit.