BEJOY SINGH DUDHORIA Vs. SURENDRA NARAYAN SINGH

JUDGEMENT

(1.) THIS is an appeal by the plaintiff in the suit from a judgment and decree of the High Court of Judicature in Bengal dated February 26, 1925, by which the decree of the learned Subordinate Judge of Murshidabad was reversed and the plaintiff's suit was dismissed.

(2.) THE plaintiff is the zamindar of the land, in respect of which the suit was brought, and the first defendant, Surendra Narayan Singh, is the assignee of a patni lease of the said land, which the plaintiff's predecessor in title granted on July 18, 1853. The other defendants are the lessees, to whom the first defendant's predecessor sublet part of the land, which was the subject of the patni lease, for the purpose of making bricks.

(3.) THE main point which has been argued on this appeal is that which was raised by the fourth issue--namely, " Have the defendants the right to use the lands of the mehal for the purpose of making bricks? " The plaintiff contended that the defendants had no right to make excavations in the land for the purpose of making bricks, and thereby to cause substantial damage, whereas the defendants contended that they had such right.