BEGG, DUNLOP AND CO Vs. SATISH CHANDRA CHATTERJEE

JUDGEMENT

(1.) This is an appeal against an order granting a temporary injunction restraining the defendants appellants from further building on, or changing the character of the land of which the plaintiff is seeking to recover 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 cottas 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 two plots of lands are included within the estate No. 2402 of, the 24-Par-ganahs 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 leases (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 Katyayani Debi. On the 19th November 1915, Maharaja Sir Pradyot Kumar Tagore purchased 9 cottas 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 sub-tenants under the Haiders in respect of the 9 cottas. The purchase admittedly was made on behalf of the defendants, Messrs. Begg, Dunlop & Co. It is also alleged that the Maharaja arranged for purchasing the two plots from Katyayani Debi and took possession thereof pending execution of a formal conveyance.