SAILENDRA NATH MAHATA Vs. SATISH CHANDRA BHATTACHARJEE

JUDGEMENT

(1.) This is an appeal from a judgment and decree of the Subordinate Judge of Murshidabad, dated the 9 January 1925, which reversed a judgment and decree of the Munsiff of Berhampore, dated the 30 April 1923.

(2.) The appeal arises out of a suit commenced by the plaintiff for rent for the last kist of 1325 and for the years 1326 to 1328 B.S., in respect of a tenure which was held by the defendant respondent under the plaintiff-appellant. Defendant's plea was that he was dispossessed from a portion of the land which he purchased at a rent sale in February 1920 and of which he got possession in May 1920 His case is that, after he had purchased the disputed tenure at a sale held at the instance of the plaintiff, he was dispossessed from plots 1 and 5 of the sale certificate 1921. The rent was a consolidated rent.

(3.) A local investigation was directed at the instance of the defendant for the purpose of determining as to whether the land from which he alleged he had been dispossessed by the landlord was really covered by the sale certificate. The local investigation proceeded to some extent. Evidence of certain witnesses was recorded on both sides. The costs payable to the commissioners fell short and the defendant was directed to pay the balance of the costs of the commissioner in order to enable him to complete his report. The defendant failed to pay that sum. The Munsif then directed the commissioner to return all the papers. Subsequently, at the instance of the plaintiff, the commissioner completed the map of the lands measured by him for which he was paid by the plaintiff and he submitted a letter forwarding the map and the evidence to the Munsif.