MT. GAHAN PRIYA AND ANR. Vs. BHARAT CHANDRA MAHANTA AND ORS.

JUDGEMENT

(1.) THIS appeal arises out of a suit for declaration of title to and confirmation of possession or in the alternative for khas possession of the land in suit.

(2.) THE suit was decreed in part by the trial Court. The decree was in respect of an area of 11 B. 4 K. 7 L. of land in thirty years patta No. 895 of village Majhirgaon of mouza Ramsha Rani. Defendants appealed from the decree. Plaintiffs put in cross -objections. The appeal was allowed; cross -objections were disailowsd. The result was that the suit was dismissed in its entirety. Plaintiffs have appealed to this Court.

(3.) THE land in dispute originally belonged to Hutharam Gaonbura, defendant 4, in this case. He mortgaged it with other lands to Garhal Goalia Co -operative Bank on 24th September 1924. Defendants 1 and 2, the contesting defendants in this case, purchased this land from defendant 4 on 30th June 1925. Some years after the Bank went into liquidation, the liquidator had the land sold in execution of a certificate made under the Public Demands Recovery Act of 1913. It wag purchased by the liquidator himself on 19th May 1936. He sold it to plaintiff -appellants on 20th March 1912. They applied for a mutation in their favour on the strength of the sale -deed. This claim was resisted by defendants 1 and 2, who had purchased the land in 1935 long before its sale under the Public Demands Recovery Act. The mutation in plaintiffs' favour was refused. This led to the suit from which the present appeal arises.