KUMAR RAMESWAR MALIAH Vs. RAM TARAK HAZRA

JUDGEMENT

(1.) The suit out of which this appeal arises is substantially one for recovery of possession of two parcels of land, though the plaintiffs have asked for certain subsidiary declaration and also for several incidental reliefs which perhaps are not quite consistent with each other.

(2.) The defendants Nos. 1 to 8 are the putnidars of Lat Kajora Pargana Shergarh. They may shortly be described as the Hazra defendants.

(3.) On the 3 Baisakh 1266 B.S., corresponding with the 15 April 1859, the ancestors of the Hazra defendants granted a mokarari patta of certain lands of Mouza Nij Kajara to Birbal Pandit, benamidar for Gobind Prasad Pandit, and to Dina Nath Panda, benamidar for the Hazra lessors. Two days after, that is, on the 5 Baisakh 1266, corresponding with the 17 April 1859, Dina Nath executed in favour of Birbal Pandit a deed of hissanama which recited that in the mokarari patta, Birbal had a ten anna share and Dina Nath six anna share. The deed contained several stipulations as to the proportion in which costs were to be paid by each share-holder in carrying on the colliery business on the land demised.