( 1 ) THIS is an appeal at the instance of the tenant defendant and is directed against the judgment and decree passed in Title Appeal No 508 of 1962 by the Third Court of the Subordinate Judge, at Midnapore on May 14. 1964 arising out of Title Suit No. 139 of 1961.

( 2 ) THE facts leading to this appeal are in short that the plaintiff instituted the suit being Title Suit No. 139 of 1961 in the Court of the Munsif at Garhbeta for a declaration that the decisions of Bhagchas cases Nos. 128-K and 129-K of 1958 of Keshabpore Bhagchas Office as well as of Bhagchas Appeals Nos. 41 and 42 of 1959 were illegal void and without jurisdiction and not binding upon the plaintiff and also for a declaration that the decision of the Bhaachas case No. 14-K of 1960 of the said Bhagchas Office was also illegal, void and without jurisdiction. In the said suit the plaintiff also prayed for a permanent injunction restraining the defendant from proceeding with the execution case being Execution case No. 60-N of 1961-62 pending in the Court of Sub-Divisional Officer, Midnapore and from interfering with the possession of the plaintiff in respect of the suit lands as well as for temporary i