DATTA
Nar Bahadur Gurung – Appellant
Versus
Anil Krishna Bhattacharya – Respondent
This is a first appeal by the plaintiffs from the judgment and decree of the District Judge, Manipur in Civil Suit No. 4 of 1955, dismissing the plaintiffs claim for declaration in respect of about 70 paris (about 175 acres) of land situated at Pangei village described in detail in Schedule "A" to the plaint. The suit was filed by the four plaintiffs in a representative capacity on behalf of other tenants also under the provision of order 1 rule 8 of the C. P. C.
2. It appears that when the British took over Manipur State after the rebellion of 1891 they granted this land and some other lands to one Hafiz Fateh Shah and his brother - Sheriff Shah, who were from the Punjab in recognition of services rendered during the rebellion and the land was also mutated in their names. Hafiz and his brother, then allowed the plaintiffs or their predecessors and others to re-claim the land and bring it under cultivation. Thus, the plaintiffs including the other occupants have been in cultivating possession of the land as tenants of Hafiz and his brother for the last about 60 years.
They paid rent (loushal) to Hafiz and his brother and on their death to their heirs through one Chand Khan (
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