BEGG DUNLOP AND COMPANY Vs. SATIS CHANDRA CHATTERJEE

JUDGEMENT

(1.) This is an appeal against an order granting a temporary injunction restraining the defendents-appellants from farther building on or changing the character pf the land of which the plaintiff is seeking to recorver possession from them. The land in dispute consists of two plots, the first plot being about a bigha in area according to the plaintiff and about 16 cottahs according to the defendants. The second plot is about a bigha in area and there is a tank on a portion of it.

(2.) The plaintiff alleges that these 2 plots of lands are included within the Estate No. 2402 of the 24-Perganahs Collectorate which was purchased by him at a sale for arrears of revenue on the 8th January. 1915. In August 1915, the plaintiff issued a general notice on the property to the effect that the interests of tenants under lessees (except those protected) were thereby annulled.

(3.) It appears that on the 8th and 9th August 1911, the two plots of land in dispute, which belonged to a family known as the Haldars, were purchased at sales held for arrears of rent by one Katyani Debi, On the 19th November 1915, Maharaja Sir Prodyot Kumar Tagore purchased 9 cottahs, said to form part of the land mentioned in the first plot, from one Gadadhar Ghose and another, who it is alleged by the defendants were subtenants under, the Haldars in respect of the 9 cottahs. The purchase admittedly was made on behalf of the defendants, Messrs. Begg Danlop and Co. It is also alleged that the Manaraja arranged for purchasing the two plots from Katyani Debi and took possession thereof pending execution of a formal conveyance.