BHODAI SHEIKH Vs. BARADA KANTA DUTTA

JUDGEMENT

(1.) This is an appeal from a decision of the District Judge of Murshidabad, dated 10th February 1925, which affirmed a decision of the Munsif of Jangipur, dated 18 December 1923.

(2.) The appeal arises out of a suit commenced by the plaintiff to recover possession of a plot of 2 bigbas 6 cottas odd in area. The case of the plaintiff is that this land originally belonged to one Jhabu Sheikh who mortgaged this plot along with three other plots to one Bogdad Jiswas in the year 1900. In 1908 Jhabu mortgage plot 1 with the plaintiff. The plaintiff instituted a suit on his mortgage and obtained a decree in the year 1915, and in execution of that decree he purchased plot 1 on 19 August 1916. Some time in 1920 Bogdad obtained a decree on his mortgage with reference to the four plots mortgaged to him and in execution of that decree he purchased the mortgaged property namely, the four plots. On 9 December 1920 he sold this property to the present defendant. The plaintiff alleges that he was dispossessed by Bog dad, the first mortgagee. There was a proceeding under Order 21, Rule 100, Civil P.C., at the instance of the plaintiff in which he succeeded On 7 March 1921 the plaintiff recovered possession, but he was again dispossessed in June 1921. He brought a suit under Section 9, Specific Relief Act, in which he failed. Consequently he commenced the present suit for possession of the property now in suit.

(3.) Both the Courts below have decreed the plaintiff's suit and granted him possession in respect of the disputed land.