RAJA BRAJASUNDER DEB Vs. RAJA RAJENDRA NARAYAN BHANJ DEO

JUDGEMENT

(1.) This is an application for leave to appeal to His Majesty in Council. The proposed appellants claim that they are entitled to appeal as of right, as, according to them, both the value of the suit and the subject-matter of appeal to His Majesty in Council are over Rs. 10,000 and the judgment of this Court is not one of affirmance. The proposed respondent denies that either the valuation of the suit or the subject-matter of appeal to His Majesty in Council is Rs. 10,000 and further contends that on the true construction of the judgment of this Court it is one of affirmance. One of the points involved in this case is of considerable difficulty, and as there is a great conflict of authority the application has been referred to this Special Bench for determination.

(2.) The facts giving rise to this application can be shortly stated as follows: The plain, tiffs brought a suit for a declaration that they were the owners of certain lands in three villages set out in four schedules to the plaint and for confirmation of possession. In the alternative, it was prayed that, if it was found that the plaintiffs were not in possession, they should be given possession of the lands in question. The defendant by his defence denied that the plaintiffs were entitled to any relief and claimed that the lands in question belonged to him by reason of adverse possession over a long period of time.

(3.) The trial Court substantially dismissed the claim of the plaintiffs and thereupon the latter preferred an appeal to this Court. On appeal the plaintiffs claim with regard to the lands in one village Olaver was decreed but their claim with regard to the lands of the two other villages of Balarampur and Jagulaipara was dismissed though on different grounds from those upon which their claim with regard to these lands was dismissed by the trial Court.