( 1 ) THE plaintiff respondent is the purchaser of Tauzi No. 6 of the 25-Parganas Collectorate in sixteen annas share at a revenue sale held on January 6, 1936. As such purchaser he acquired the lands included within the Tauzi free from encumbrances with the right to annul all under-tenures which were not protected by the exceptions in Section 37 of the Bengal Land Revenue Sale Act, 1859 (Act XI of 1859 ). The disputed property is land at premises No. 1 Ronaldshay Road, in mouza Alipore in which Tauzi No. 6 had 1 anna 3 gandas share. The disputed land as also other lands in Mauza Alipore were jointly owned by the proprietors of Tauzi No. 6 and several other Tauzis. The defendant's landlord held the land under a lease from the proprietors of all the Tauzis other than Tauzi No. 6. The defendant is in possession of the land for a long time and has constructed valuable buildings on it. The plaintiff now seeks to recover joint possession of the land on the ground that the defendant is trespasser in respect of the plaintiff's share in it. The defendant disputed that the land appertained to Tauzi No. 6 and/or that the plaintiff has any interest in it; alternatively the defen