NIZAMUDDIN Vs. MAMTAZUDDIN
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(1.) The suit out of which this second appeal arises was brought by the plaintiffs to recover possession from the principal defendants of 3 kedars of land appertaining to taluk Lakhan Deb; that the plaintiffs had purchased the same from the vendor defendants who, not having executed a kobala, were sued therefor; and upon a decree obtained by the plaintiffs the kobala was executed by them in respect of the said land. They further allege that the principal defendants were holding the lands in question under the vendors of the plaintiffs, under a bhagidar jote right, and that after the execution of the kobala they asked the defendants to give them possession, and upon their refusal to do so they bring this suit to obtain khas possession. They base their cause of action upon the refusal, and put the date as the 19 of POUS 1302 B.S., the date of their purchase; and also the 5 of Joist 1303 (17 May 1896) when the princpial defendants were verbally requested to give up the lands.
(2.) The defendants, among other pleas, alleged that the land in suit appertained to mehal Raj Bullubh and not to taluk Lakhan Deb; they further alleged that the vendors of the plaintiff's had no title; that as a matter of fact, one Shibjoy Surma and others were proprietors of a 12 annas share, which the defendants had purchased from them, and that in respect of the remaining 4 annas, they were in possession of the same, by virtue of a ryoti title derived from Brojo Mohan Chowdhry.
(3.) The Munsif in a judgment, which is by no means satisfactory, held against the defendants and made a decree in favour of the plaintiffs.;
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