Mayeuddi vs Mahammad Razzab Ali - 1926 Supreme(Cal) 13

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1926 Supreme(Cal) 13

Mayeuddi – Appellant
Versus
Mahammad Razzab Ali – Respondent

JUDGMENT

1. The plaintiffs who are the lessees from one Kiran Babu, the purchaser of an estate at a revenue sale, brought the present suit for recovery of possession of the lands in suit on the ground that they formed parts of the estate. The defence was that the lands were not part of the estate purchased by Kiran Babu, namely, Estate No. 3842 of the Backergunj Collectorate but of the 'Remainder' as shown in the thak map. They also pleaded limitation. There were various other points raised which need not be considered in this appeal as they have not been pressed. It appears that the estate was sold in 1888. In 1899 Kiran Babu sued the Defendants Nos. 1 to 19 and others for khas possession and took delivery of possession through Court on the 9th April 1907. It has been found by the learned District Judge that Kiran Babu remained in possession thereafter for a period of 15 days and was then dispossessed by all the defendants in this suit.

2. This suit was brought on the 10-4-1919, and it is, therefore, in time. But it is argued by the learned vakil appearing for the appellants that so far as Defendants Nos. 20 and 21 are concerned the plaintiffs' suit is barred against them. These def

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