Kolkata Court February 1931 Judgments

Digambar Das and ors. Vs. BepIn Behari Rai and ors.

Court: Kolkata

Reported in: AIR1932Cal215,136Ind.Cas.607

Mitter, J.1. This appeal is on behalf of the plaintiffs and arises out of a suit in ejectment. The plaintiffs' case is that they have got a raiyati interest in the lands in dispute; that the father of Radha Nath Sardar held it as an under . raiyat under the plaintiffs and that he, Radha Nath, died in Aswin 1326 B.S. It is also said that the huts which were on the land fell down in the cyclone in the year 1326 B.S. and that as the under-raiyati interest of Radha Nath is not heritable under the law, defendant 8 has no right to retain possession of the same. The plaintiffs have therefore acquired right to enter into possession. The plaintiffs went to take possession of the land in Baisak 1330 B.S. when they were resisted not only by defendant 8 but also by defendants 1 to 7. Hence the present suit. Defendants 1, 2 and 8 filed separate written statements, that is, defendants 1 and 2 filed one written statement and defendant 8 filed another. The defence of defendant 8 is substantially this:...