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WALMSLEY, SYED SHAMSUL HNDA
Atul Chandra Mandal – Appellant
Versus
Srinath Latk – Respondent
JUDGMENT
Walmsley, J. - Atul Chandra Mandal, the petitioner, is the first party in a proceeding u/s 145, Criminal Procedure Code, which ended in an order in favour of the second party, Srinath Laik and Kamalakhi Dasi.
2. The petitioner's case is that the land which formed the subject of the proceeding was held by his father under one Mohendra Chakravarty and that his father let it out to some. Lohars in 1302 B. S.; that the latter failed to pay the rent, and the petitioner obtained a rent decree against them, caused the property to be sold in execution, bought it himself on Jane 13th, 1918, and took possession through Court on August 5th 1918.
3. The case for the second party is, this", that one Sujay Chandra Das was in possession of the village in which the land is situated, that be let the land in dispute to one Sarbeswar Mandal in 1912, that Sarbeswar let it to some Lohars, bat bought it himself in 1915 in execution of a rent decree against them, that in 1324 B. S. Sarbeswar sold his rights to Kamalakhi Dasi wife of Sujay Chandra Das and that she let the land to Srinath Laik on May 2nd, 1918.
4. It is common ground, therefore, that some Lohars were in possession untilrecently and th
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