RAMPINI, MOOKERJEE
Dharma Das Kundu – Appellant
Versus
Amulyadhan Kundu – Respondent
JUDGMENT
Rampini and Mookerjee, JJ. - This is an appeal on behalf of the plaintiff in an action commenced by him for the ejectment of the defendant, one of. his sons, from the property described in the schedule act of trespass. The plaintiff alleged that the land mentioned in the plaint is his anoestral property, that the defendant abuses and ill-treats him and sometimes attempts to beat him, and that his conduct has been of such a description as practically to destroy the peace of his family. He contends that the defendant is not entitled to enter upon or remain on the property without his leave and license and against his wish and consequently prays for a decree for ejectment and for a perpetual injunction. The defendant resisted the suit on various grounds, amongst which it is sufficient to state that he alleged that he paid off a mortgage upon a portion of the land described in the plaint and made improvements in the other parts of the properly and substantial additions to the ancestral buildings at considerable expense from his own earnings. The defendant contended that as these improvements and additions have been made with the knowledge and assent of the plaintiff, the latter
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