Kolkata Court May 1933 Judgments

Devendra Nath Khan Vs. Dhanmani Dassi and ors.

Court: Kolkata

Reported in: AIR1934Cal95,147Ind.Cas.817

ORDER1. In this case there was a dispute about the possession of certain plots of land which belonged to one Banamali. He was the only on of his mother and died leaving his mother Dhanrnani and his widow Sreemuty. Subsequently they lived together for a time, and thereafter the widow who was young and without issue, seems to have become attached to one Debendra Nath Khan, and left the premises and went to live with him. On 21st December 1931, she leased the land in which she had a life interest to Debendra. The question which the learned Magistrate had to decide was who was in actual physical possession of the land at the time when the proceedings were instituted Under Section 145, Criminal P. C. Evidence was given that in the record of the last settlement proceedings of the District of Khulna, published in November 1925, Sreemuty was recorded as being in possession of all the land in dispute, and a number of witnesses were called on behalf of the petitioner Debendra to show that he was...