Judgement

Consolidated Appeal (No. 16 of 1928) from two decrees of the High Court (January 26, 1926) affirming two decrees of the Subordinate Judge of Midnapore.

The appellant brought two suits in the Civil Court alleging that-the record of rights of certain villages published in 1916 recorded that his tenant, the first respondent-defendant, was in possession of a greater area than that Included in two pottahs granted to him ; the plaintiff claimed possession of the excess area with mesne profits, or alternatively that the rent should be fixed. As to the tenancy in the first case, he had previously made applications to the Revenue Courts under the Bengal Tenancy Act, 1885, s. 105, for the settlement of rent of the excess area, and under s. 106 for a decision of the dispute so arising on the entry in the record. All three applications had been withdrawn, two by the express leave of the Court. With regard to the other tenancy, there had been an application under s. 105 and an application under s. 106 ; one was allowed to be withdrawn and the other was dismissed for default in payment of the Court fees.

Law Rep. 56 Ind. App. 179 ( 1928- 1929)

Raja Reshee C ase Law V. Satis Chandra Pal