S.N. Bagchi, J. - (1.) This is an appeal at the instance of the Receiver to the Estate of Bejoy Kumar Addya and other defendants in Title Suit No. 4 of 1952 of the 7th Court of the Subordinate Judge at Alipore against the judgment and decree passed by the learned Subordinate Judge, whereby the learned Subordinate Judge declared the plaintiff -respondent, Subodh Gopal Bose's 1/6ths share in the land of the premises No. 10, Govinda Addya Road and premises No. 1, Mahesh Datta Lane, comprised in a plot measuring more or less 3 bighas 5 cottahs, situated in Mouza Chetla appertaining to Touzi No. 6 of the 24 -Parganas Collectorate, a Touzi which was auction -purchased by the said Subodh Gopal Bose in a revenue sale, and ordered recovery of joint possession of the suit land with the defendants/appellants. The 16 annas of the Touzi No. 6 of the 24 -Parganas Collectorate was sold on 6.1.1936 for arrears of its revenue under the Act XI of 1859 at a public auction at the 24 -Parganas Collectorate and was purchased by the plaintiff Subodh Gopal Bose.
(2.) Subodh Gopal's case before the learned Subordinate Judge at the trial was that the land in suit belongs to Mouza Chetla, comprising Touzi Nos. 1 to 6 and 8 to 16. One -sixth of the land which premises No. 10 Govinda Addya Road and 1 Mahesh Datta Lane is appertaining to Touzi No. 6. Subodh Gopal auction -purchased Touzi No. 6 on 6th day of January 1936 under Act XI of 1859. The Addyas i.e. the defendants -appellants have been in possession of the land as described in the Schedule to the plaint, without taking any settlement whatsoever from any one of the previous Touzi owners, either the defaulting proprietors or their predecessors -in -interest. So, the Addyas are nothing but trespassers. Accordingly, Subodh Gopal is entitled to have his title to the extent of his 1/6th share declared to the land described in the Schedule to the plaint and to get recovery of joint possession of the same with the defendants -Addyas.
(3.) The defendants Addyas while contesting the suit contended inter alia, that the land described in the Schedule to the plaint along with other lands comprising premises Nos. 9 and 10 Govinda Addya Road and 1, Mahesh Dutta Lane, was purchased by the Addyas under different sale deeds and that the Govinda Addya Road premises carries with it a tenancy with a jama of Rs. 10.6.8 gandas while premises No. 1 Mahesh Dutta Lane carries with it a jama of Rs. 2.2.2 1/2 gandas. The defendants Addyas being tenants in respect of the premises described in Schedule to the plaint i.e. 10, Govinda Addya Road and 1, Mahesh Dutta Lane, are not trespassers.;