HARDI RAM PANDEY Vs. KALI PRASAD SINGH

JUDGEMENT

(1.) This is an appeal under the Letters Patent by defendant 1 against a decision of Das J. The suit was for the ejectment of defendant 1, and other defendants who were his mortgagees, and for damages by way of mesne profits for four years. The plaintiff claimed that the. land which was comprised in plot No. 4124 of the Dhanbad Bazar, was his khas patit land and the defendants had trespassed thereon by erecting houses.

(2.) The appellant's defence was that his father bad taken settlement of the land from the previous proprietor of the estate forty years previously, and that, alternatively, he had acquired. a good title by adverse possession for forty years. There was a further plea that the suit was bad for defect of parties.

(3.) The learned Munsif held that the suit land was not included in the kabuliyat under which the defendant claimed tikuri jamai right, and that right had, accordingly, not been established. Nor was there, in his opinion, any title by adverse possession since he found the appellant had been in possession only from 1932. Though, however, his decision upon the question of title was in favour of the plaintiff, he held that there could be no decree for ejectment because there was defect of parties , some of the mortgagees cot having been impleaded as defendants. He, therefore, gave the plaintiff merely a decree for RS. 100 as damages for use and occupation.