Satish Chandra, J. - (1.) THIS is a Defendant's appeal. The suit was for demolition of certain constructions and possession. Reliefs of injunction and damages were also claimed.
(2.) THE dispute related to plot No. 148. The Plaintiff -Respondent claimed that he was the proprietor of 11 Biswa area of this plot while the Defendant was the zamindar of the balance 10 Biswa area thereof. In October, 1946, the Defendant made constructions on this plot. The Plaintiff complained that the constructions had been made on the Plaintiff's 11 Biswa area. He filed suit on 18th October, 1946, for demolition of the constructions and injunction, possession and damages. The defence was that the constructions had been made in the 10 Biswa area of the plot belonging to the Defendant.
(3.) THE trial Court as well as the lower appellate Court have recorded a concurrent finding of fact that the constructions had been made by the Defendant -Appellant in the 11 Biswa area of this plot of which the Plaintiff was the proprietor. On this finding the suit was decreed for demolition of the constructions and for an injunction restraining the Defendant from interfering with the Plaintiff's possession over the land in dispute. The relief for damages was, however, dismissed.;