BIR CHANDRA ROY MAHAPATTAR Vs. BANSI DHAR ROY MAHAPATTAR AND OTHERS
LAWS(CAL)-1869-6-51
HIGH COURT OF CALCUTTA
Decided on June 26,1869

BIR CHANDRA ROY MAHAPATTAR Appellant
VERSUS
BANSI DHAR ROY MAHAPATTAR AND OTHERS Respondents

JUDGEMENT

- (1.) This was a suit originally brought by Jageswar Roy Mahapatar against Damudar Das, and also against Bansi Dhar Roy and others, his allegation being that he, the plaintiff, and Bansi Dhar being jointly entitled to certain immoveable property, that property had been attached in execution of a decree against Bansi Dhar alone, and purchased by the defendant Damudar, who, after his purchase, had dispossessed the plaintiff, the plaintiff up to that time having been in joint possession and enjoyment with Bansi Dhar. The defendant denied that Jageswar had any interest in the property, and alleged that it belonged to Bansi Dhar solely.
(2.) During the progress of the suit, Jageswar sold his rights to Bir Chandra Roy; and upon their joint application, Jageswar was taken off the record, and Bir Chandra substituted for him as plaintiff.
(3.) The Munsiff found in favour of the plaintiff, and decreed him possession of the disputed property inclusive of buildings, tanks, trees, etc., and decreed also, that the auction-sale made by the brother of Jageswar be reversed, and the plaintiff do get his costs.;


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