HALEMAN BEWA Vs. GAHAR ALI MONDOL

JUDGEMENT

(1.) This appeal by the defendants is on Special leave and is against the judgment of a Single Judge of the High Court Division, passed in a Second Appeal. The learned Judge set aside the judgment of the first Court of appeal and affirmed the judgment passed by the learned Munsif.

(2.) The facts in brief are that the plaintiffs brought a suit for recovery of money by way of damages against the defendants on the allegation that they had cut away the paddy grown by the plaintiffs on their land, as described in the plaint. The trial Court found that the plaintiffs had title and were in possession of the land in question and had grown the paddy. On these findings the suit was decreed by the trial Court. The first appellate Court, to whom an appeal was taken by the defendants, also found the plaintiffs title to the suit land but held that the defendants were in possession of the land they grew the paddy. The suit was accordingly dismissed by the first appellate Court.

(3.) On appeal to the High Court Division, the learned Single Judge decreed the suit on the finding that the plaintiffs' title having been proved, the suit for compensation for wrongful reaping of paddy by the defendants was maintainable. In support of the finding the learned Single Judge relied upon the decision of Muralidhar vs. Rupendra Nath.