( 1 ) THE petitioner brought the present suit for joint possession of 6-1/2 bighas of land in 18, 18/1, 18/2 and 18/3 Alipore Road, within the Municipality of Calcutta, on the strength of his purchase at a sale for arrears of revenue of Touzi No. 6 of the 24 Parganas Collectorate. These lands, according to the petitioner, appertained to a number of amalgamated touzis, touzis Nos. 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 33, 51, 53 and 91. It is averred that the former proprietor of touzi No. 6 was in khas possession of his interest therein and had not let it out to any person; that the defendant's possession of these lands as regards what appertains to touzi No. 6 was an, encumbrance, so that the plaintiff as purchaser at a revenue sale having obtained the interest free from encumbrances was entitled to obtain joint possession thereof with the defendant, who has title to the lands in so far as they appertained to some other touzis. There was also a prayer for mesne pofits.

( 2 ) THE defence inter alia was that the lands do not appertain to touzi No. 6; that the defendant's interest is not annullable in law, that the Mourashi Mokarari tenancy of the defend