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Prodyot Kumar Sen Gupta – Appellant
Versus
Nagendra Kumar Choudhury – Respondent
JUDGMENT
Chakravartti, J. - These three appeals arise out of a single suit brought by one Nagendra Nath Choudhury for the ejectment of a number of persons from six Revenue Survey plots, comprising a portion of a tank and portions of three of its banks. The Plaintiff's case was that the plots appertained to a tenure, called Noabad Ijara No. 13. Kanta Prosad Hazra, which he had purchased at a revenue sale, but the Defendants were in possession of the plots without any right or title and had failed to vacate them although asked to do so. The Defendants, who came ultimately to be thirteen in number, included all persons claiming an interest in the lands. They fall into two classes, tenants and sub-tenants. Defendant No. 1 claimed no present interest, but alleged that he had previously a raiyati interest in all the lands which he had transferred to his wife, Defendant No. 11, before the institution of the suit. Defendant No. 11, who asserted this raiyati interest by her written statement, died during the pendency of the suit and thereupon her son, Defendant No. 11 (ka), was substituted in her place. Of the rest of the Defendants, some claimed to be subtenants under the raiyati as regards
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