Kolkata Court December 1930 Judgments

Harek Chand Bhadani and ors. Vs. Sahanatulla Sarkar and ors.

Court: Kolkata

Reported in: AIR1931Cal805

1. The plaintiffs brought this suit for declaration of title and khas possession. There is no dispute about the plaintiffs title. It was virtually admitted by the defendants and has been decreed by both the Courts below. The dispute is with regard to mesne profits. The plaintiffs claimed mesne profits for the years 1925 and 1926. Their case was that they purchased the lands at a revenue sale in 1918 and that they obtained sale certificate in 1925. The plaintiffs then went to cultivate these lands with their ploughmen but, were prevented by defendants 1 and 2 and were thus dispossessed by these defendants. The defence was that the defendants never dispossessed the plaintiffs and that therefore the latter were not entitled to any decree for mesne profits. The learned Munsif allowed Rs. 576 as mesne profits to the plaintiffs, On appeal the learned Subordinate Judge being of opinion that the defendants never dispossessed the plaintiffs dismissed their claim for mesne profits. The learned S...