JUDGMENT

Mookerjee, J. - This is an appeal under clause 15 of the Letters Patent from the judgment of Mr. Justice Newbould in a suit for recovery of possession of land upon declaration of title.

2. The facts as found by the Subordinate Judge may be briefly recited. The husband of the plaintiff and the second defendant were joint owners of an area of land covering 11 cottahs and odd. By mutual arrangement, the husband of the plaintiff occupied the eastern half of the land, and the second defendant the western half. While they were thus in possession, the first defendant took a conveyance of two cottahs of land from the second defendant. On the basis of title thus acquired the first defendant ousted the plaintiff from the two cottahs now in suit. The Court of first instance held that as the plaintiff had failed to prove, as alleged by her, that there had been a final partition of the entire tract, she was entitled to no relief. Upon appeal, the Subordinate Judge, held that the first defendant was in the same position as his vendor, the second defendant, and was not competent to disturb the possession of the plaintiff. The Subordinate Judge, however, did not give full effect to this con