HABIL MANDAL Vs. KALO

JUDGEMENT

(1.) The Plaintiff of the trial court is the Appellant of this appeal. He instituted a suit in the third court of the Munsif of Serampore, for declaration of his title to and confirmation of khas possession of about 6 bighas of land described in schedule Ga of the plaint. The allegation of the Plaintiff in brief was that this plot of land along with some other land belonged to one Yar Mahammad alias Bhulu Molla, appertaining to his jute of Rs. 17-8-0 under pro forma, Defendants Nos. 6 to 10 and it was purchased by the Plaintiff at a rent sale held at the instance of the landlords on November 13, 1935. The Plaintiff further alleged that soon after his purchase he obtained delivery of possession of the auction-purchased land including the disputed land and was in possession of the same. But the Defendants Nos. 1 and 2 of the trial court were threatening to dispossess him from the disputed land on the strength of an alleged purchase of the same from the heirs of Bhulu Molla, who were Defendants Nos. 3 and 4 of the trial court. The Plaintiff further pleaded that the disputed land was wrongly recorded in C.S. Khatian No. 745 of Mouza Dunkuni as appertaining to another jote of Rs. 9 of Bhulu Molla held under one Rajani Kanta Banerjee, deceased predecessor of pro forma Defendant No. 5 of the present suit.

(2.) The suit was contested in the trial court by Defendants Nos. 1 and 2 whose defence was that the land in suit really appertained to the jote of Rs. 9 of Bhulu Molla and not to the jote of Rs. 17-8 as alleged by the Plaintiff and that the said Defendants were in possession of the suit land on the strength of a purchase from the heirs of Bhulu Molla.

(3.) The Plaintiff's suit was substantially decreed by the trial court but on appeal that decree was reversed by the lower appellate court and the suit of the Plaintiff was dismissed. So the Plaintiff has preferred this second appeal.