NIBARAN CHANDRA SIKDAR Vs. ABDUL HAKIM

JUDGEMENT

(1.) The suit which has given rise to this appeal was instituted by the plaintiff for declaration of title and recovery of khas possession of certain lands.

(2.) The lands comprised of two plots, the southern portion of Cadastral Survey Plot No. 3315 and the whole of Cadastral Survey Plot No. 3316. The plaintiff's case was that the lands originally belonged to his father in ryoti right and comprised a holding held under one Nobo Chandra Saha, that the said Nobo Chandra Saha sold up the holding at a rent sale, and that one Ramesh Chandra Rakshit purchased it at the said sale and let it out to the plaintiff in dar- ryoti interest on 23 April 1920, that the defendants dispossessed him in August 1920, upon which he instituted a suit under Section 9, Specific Relief Act, but was unsuccessful therein and hence the suit. The case of defendant 1 was that Cadastral Survey Plot No. 3315 was held by his father in dar-ryoti right under one Sarada Charan Sikdar who in 1917 also mortgaged his ryoti interest to the said defendants father. The case of defendant 3 was that Cadastral Survey Plot No. 3316 belonged to certain persons, that under a partition and a transfer subsequently made it came to be owned in ryoti right by defendant 3, and that be settled it in dar-ryoti to defendant 1.

(3.) The Munsif decreed the suit, but the Subordinate Judge on appeal has dismissed it.