DIGAMBAR KALITA Vs. SIBNATH CHAKRAVARTY AND ORS

JUDGEMENT

(1.) This is an (sic) framed certain additional issues and directed the Subordinate Judge to dispose of the remaining issues as well as the additional issues framed by him.

(2.) The facts briefly are that the Appellant brought a suit for declaration of his title and recovery of khas possession by eviction of the Defendant. The land in suit consists of 1 katha and 10 lechas of and appertaining to dag No. 4465 of periodic patta No. 1288 of Ganhati town. Prior to the last re-settlement, the land was included in the old periodic patta No. 52. The suit land originally belonged to the Defendant No. 3, Ratikanta Tamuli, and on 17-12-54 he let out the land to the Defendant No. 2, Purnadhar Barmah, for a period of ten years. At that time, there were some trees standing on the land. The said lease commenced on 1-1-1945, and on 9-11-1945, the Defendant No. 2 sublet the land to the Defendant No. 1, Sibnath Chakrabarty, by executing a registered sub-lease for the remaining term of the lease.

(3.) The Defendants received the notice on 8-2-55, and the Defendant No. 2, on receipt of the notice, executed a registered deed of surrender in favour of the Plaintiff on 10-6-55. The Defendant No. 2 also directed the Defendant No. 1 to make over possession to the Plaintiff, but the Defendant No. 1 did not vacate the land. On these facts, the present suit was brought by the Plaintiff Appellant for declaration of his title and recovery of possession. The suit was contested only by Defendant No. 1 on various grounds. It is not necessary to refer to the other points taken by the Defendant No. 1 because those are concluded by the concurrent findings of the two Courts below against the Defendant No. 1.