( 1 ) THIS appeal by the plaintiff is directed against the judgment and decree dated December 10, 1965 passed by the learned Subordinate Judge, Sixth Court, Alipore in Money Appeal No, 158 of 1964 arising out of the judgment and decree of the learned Munsif, fifth court at Alipore in Money suit No. 208 of 1961. The learned Munsif held that by unlawfully interfering with the exercise of the property rights of the plaintiffs the defendants committed an act in the nature of trespass to the property and they were, therefore, liable for damages. In the result, the learned Munsif decreed the plaintiff's suit in part allowing damage to the time of Rs. 100/- for the trespass and disallowing the claim for damages at 50 paise per diem for loss of use of the property. The defendants appealed and the plaintiff filed a cross-objection, The lower appellate court allowed the defendants' appeal and set aside the judgment and decree of the trial court and rejected the cross-objection of the plaintiff/respondent. It is against the aforesaid order of the lower appellate court that the present second appeal had been preferred.

( 2 ) A short point has been canvassed by Mr. Bhaskar Bhall