JOY GOBINDA HAJAM Vs. MUSAMMAT HAZIRA BIBI

JUDGEMENT

(1.) This appeal arises out of a suit for a declaration that the plaintiff has a right to obtain a settlement of the lands in suit.

(2.) It appears that the lands were waste lands which were cleared of jungle and made fit for cultivation by the plaintiff. The plaintiff obtained settlement for one year at a time for two consecutive years. After the expiry of the period of settlement, both the plaintiff and the defendant applied for settlement. The plaintiff alleges that the settlement was at first made with him, but subsequently the Collector set aside that settlement and it was made with the defendant.

(3.) The Court of first instance found the facts in favour of the plaintiff and gave a decree in his favour. The lower Appellate Court did not go into the facts of the case, hut reversed the decree of the Court of first instance on the ground that the Civil Court had no power to go into the question.