FELU SARKAR Vs. RANI HEMANTA KUMARI DEBYA

JUDGEMENT

(1.) These appeals are preferred by the principal (defendants, the tenants. The plaintiff brought the suit from which they arise to recover khas possession of her share, approximately four annas, in certain land, by ejecting the principal defendants, and she made the Midnapore Zemindary Company, owners of the remaining interest, pro forma defendants. Her case was that she granted an ijara of her share to Messrs. Watson & Co., predecessors of the Midnapore Zamindary Company, and that at the expiry of the tiara she brought a suit against them in 190S, and obtained a decree, and that the tenant defendants obtained settlement of the lands during the pendency of that suit. The suits were dismissed by the first Court, but they were decreed on appeal.

(2.) The defence was that the defendants obtained settlement from Messrs. Watson & Co. in 1305 while the latter were in possession under their ijara lease.

(3.) The contentions pressed by the appellants-defendants are based mainly on the assertion that they obtained settlement in 1305, and I think it will be convenient - to state them before turning to the findings recorded by the learned Subordinate Judge.