SM RADHA RANI DASI Vs. SUKDEB BHATTACHARJEE

JUDGEMENT

(1.) This appeal arises out of a suit instituted by two persons as plaintiffs for recovery of khas possession of some lands by evicting the principal defendant and for mesne profits.

(2.) The case as laid in the plaint was that the two plaintiff's acquired jamai right to the plaint lands on taking settlement thereof from the owners, that one Panchu Gope and one Bhupati Ghose used to hold the lands as korfa tenants under the said owners, that the said Panchu Gope and Bhupati Ghose mortgaged their rights, to the principal defendant who sued upon the mortgage, and in execution of the decree which he obtained, purchased the same. The plaintiff?s alleged that the principal defendant acquired no title by his purchase and was accordingly liable to be evicted. It is not necessary to refer to the defence for the purposes of this appeal.

(3.) The Munsif decreed the suit in part with proportionate costs. He gave the plaintiffs a decree directing that they do get khas possession of the plaint lands by evicting the principal defendant therefrom and also awarding them certain amount as mesne profits.