Lord Atkinson:—

This is an appeal from the judgment and decree, dated the 22nd May, 1908, of the High Court of Judicature at Fort William in Bengal, affirming a judgment and decree of the 27th March, 1905, of the Court of the Subordinate Judge of Rajshahye.

The action out of which this appeal arises was brought by the respondent as purchaser at a sale held under Act II of 1859 in consequence of the non-payment by the owner of the Government assessment of the Kas Mahal Shyampur Paharpur situate within the Pergunna Sershabad, and No. 218 on the Touzi of the Maldah Collectorate, to recover possession of about 2,720 bighas of the Mouzah Nij Shampur alleged to form portion of the said Khas Mahal, the possession of which was withheld by the appellant, and for damages for mesne profits and further relief. This sale was held on the 14th of January, 1891, and duly confirmed on the 15th of March following. The appellant relied upon two defences — First, that the land, the possession of which was sought to be recovered, styled for convenience the land in dispute, did not form any portion of the mahal so purchased by the respondent, and, secondly that even if it did, the appellant and those thro