Sir George Rankin:-

In this case two appeals from a decision given on 27th June 1935, by the High Court at Fort William in Bengal have been consolidated. They may be described with substantial though not with literal accuracy as brought one by the plaintiff and the other by the defendant, and as arising out of proceedings taken to ascertain mesne profits in a suit to recover possession of a number of tenures in lands lying in the village of Dashmina in the district of Bakarganj in Bengal. Strictly speaking there were two suits tried together and not one suit only, parties have on their death or for other reasons been succeeded by their representatives, there were a number of pro forma defendants in addition to the main defendant Raja Profulla Nath Tagore (now deceased but herein called the defendant); and at first his father's executors were impleaded and not himself. But such details may be waived aside and the suit sufficiently described as having been brought on 4th April 1916, in the Subordinate Judge's Court at Bakarganj by one Satya Bhusan Das against Raja Profulla Nath Tagore. The plaintiff sought to recover possession of 54 tenures described in three schedules marked ka, kha