T C TWEEDIE Vs. JOGESH CHANDRA ROY CHOWDHURY

JUDGEMENT

(1.) The suit out of which this appeal arises was instituted on the 29th March 1911 and judgment was pronounced by the Subordinate Judge of Faridpur on the 21st June 1915. The appellant before us is Mr. T.C. Tweedie, who was brought on the record as defendant No. 22 in his capacity of Receiver of an estate known as the Haturia Estate, in which capacity be represents in this suit the interests of a Mohammadan family, members of which were originally impleaded as defendants Nos. 1 to 19. The Haturia Estate is the collective name of a number of properties in the districts, of Faridpur and Backergunge inherited by this family from Golam Ali, a wealthy Zemindar (of Hataria in Faridpur) who died in the year 1295.

(2.) The plaintiffs are members of a joint Hindu family owning land in Faridpur. The most influential of them is Babu Jogesh Chandra Roy Chowdhury or Jogesh Babu, plaintiff No. 1. The transactions to which the suit relates were carried out in the name of his cousin, Bhupesh Babu, plaintiff No. 3.

(3.) The main purpose of the suit is to enforce an award of arbitrators dated the 13th May 1905, so far as effect has not already been given to it. There is, however, an alternative prayer in the plaint for the recovery of possession with mesne profits of certain properties. The circumstances which led to the award must be briefly narrated.