HDYANATH RAY Vs. BISSESWAR DAS

JUDGEMENT

(1.) IN this case the plaintiffs who are the appellants before us, sued for declaration of their title to and confirmation of their possession in a certain plot of land on the ground that the defendants had threatened to take possession thereof. There was also a prayer for temporary injunction. The defence was that the title was with the defendants and that they in fact were in possession. Without considering the evidence or trying the case, the learned District Judge held that on these allegations there was no cause of action in the plaint. This is a view which speaking for myself I am wholly unable to appreciate. It appears to me that a good cause of action was alleged and that the case should have been heard and disposed of on the merits. We, therefore, remand the case for that purpose. Costs will be costs in the case. Richardson, J.

(2.) I concur with the order of remand made by my learned brother. The facts not having been found I express no opinion whether the suit as framed is or is not maintainable.