Kolkata Court March 1922 Judgments

Gopinath Jalua Vs. Bhajahari Das Adhikari and ors. and Kailash Chandra ...

Court: Kolkata

Reported in: AIR1923Cal327,68Ind.Cas.472

1. This is an appeal by the second defendant against a decision of the Third Subordinate Judge of Midnapore confirming a decision of the Munsif. The suit was brought by the plaintiff for a decree for possession of the land upon a declaration being made that he is entitled to get an annual rental of Rs 20 15 from defendant No. 2 upon a finding and a declaration that the plaintiff No. 1 is tenant under the defendant No. 1 in respect of the land under claim and the second prayer involved a decree against the first defendant who is not an appellant before us.2. The First Court decreed the suit in part declaring the plaintiff's title to the ha land in suit, declaring him to be a tenant under defendant No. 1, and declaring defendant No. 'I to be a tenant on the land at a yearly rent of Rs. 20-15 under plaintiff No, 1, and the decree provided that plaintiff No. 1 was to get possession of the plaint land through the defendant No. 2 and that he should be entitled to realise rent at the rate men...