MOHUNT PARMANANDRA DAS GOSWAMI Vs. KRIPA SINDHU ROY

JUDGEMENT

(1.) This is an appeal against two decrees, dated the 4th June, 1913, of the High Court at Calcutta, which modified a decree, dated the 22nd March, 1909, of the Court of the Subordinate Judge of Cuttack.

(2.) The suit in which this appeal has arisen was brought in the Court of the Subordinate Judge of Cuttack by the appellants on the 5th October, 1907.

(3.) The plaintiffs, who are the appellants here, claim to be, with the defendants Lakimani Ama and Bhagabat Deb Thakur, proprietors of revenue free lands in Orissa. Kripasindhu Roy who will be in this judgment referred to as the first defendant, is the principal defendant. The plaintiffs claim a declaration that the lands in dispute in this suit are their free behali lands held and enjoyed by the plaintiffs and the defendants Lakimani Ama and Bhagabat Deb Thakur; a declaration that except the share of 11 gandahs, 3 karas, 7 dantis, 10 biswas, 9 gandahs, 1 kara of the Darpanarayan Math purchased by the first defendant, he has no right to the share of 15 annas, 8 gandahs, 1 danti, 5 biswas, 10 gandahs, 3 karas of the lands in dispute; a declaration that 57-892 acres of land mentioned in schedule (Kha) of the plaint is the Sarbarakari chakran jagir land appertaining to the properties in suit, and that the first defendant has no right of occupancy in 30-045 acres of land mentioned in schedule ( Kha ); a decree of ejectment against him from the disputed lands mentioned in Schedules (Ka) and (Kha); mesne profits ; an account of moneys received by him as Sarbarakar from 1306 to 1308 Fasli; and any other relief to which the plaintiffs might be found to be entitled.