JUDGMENT

1. This is an appeal against a decision of the District Judge of Bankura, dated the 27th March 1905. There cannot be the slightest doubt that Mr. A.C. Sen, the learned District Judge, has entirely misunderstood the facts of the case. He has, throughout his judgment, spoken of the Plaintiff as the Defendant and the Defendant as the Plaintiff. The result is that his judgment is full of confusion and mistakes. However, the facts as stated by the pleaders on both sides, are very simple. The Defendant No. 1 has been in possession of a tank, leased to him by the Raja of Panchkote a long time ago. He has got a perpetual lease of this tank at a rent of Rs. 12 per annum. When the estate of the Raja was taken over by the Deputy Commissioner, under the Encumbered Estates Act, the manager proceeded to cancel this lease, although the property was not situate in the district of Manbhum but in that of Bankura He dispossessed the Defendant and leased the land to the Plaintiff. The Defendant, however, seems to have recovered possession and it is the Plaintiff who sues for possession. Before the District Judge the Plaintiff, who is the principal Respondent in this Court, urged that in the ma