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1963 Supreme(Ori) 9

G.K.MISRA
DAMODAR PATRA – Appellant
Versus
KANCHAN SAHUANI – Respondent


Advocates Appeared:
B.K.PAL, G.N.SENGUPTA, L.K.DAS GUPTA

G. K. MISRA, J.

( 1 ) THE legal representatives of defendant No. 1, defendants 2 and 3 and 5 are the appellants. The plaintiffs' suit is for declaration of title and recovery of possession of the disputed lands described in items 1 to 14 of the plaint, with a further declaration that the order (Ext. 3) passed in a proceeding under Section 145 Cr. P. C. on 8-10-48 is illegal and not binding on the plaintiffs. The plaintiffs purchased the disputed properties from defendant No. 7 on 4-6-46 by a registered sale deed (Ext. 1 ). Defendant No. 7 had the occupancy right and he had got the melavaram right in 1900 as Bajantri Jagir from the Zamindar of Sharakote on payment of quit rent. Defendants 1 to 6 trespassed upon the disputed lands. A proceeding under section 145 Cr. P. C. was started, in which possession was declared in their favour.

( 2 ) THE defendants do not raise any dispute with regard to items Nos. 3 and 13. So the plaintiffs are entitled to recover possession of these lands. Defdts. 1 to 3 claim title and possession in items 1, 2, 4 and 5 and do not claim any interest in the other lands. Defendants 4 and 5 claim title and possession in items 5 to 12 and 14 and do not claim a


















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