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Jnanada Sundari Chowdhurani and ors. Vs. Jilapi Bewa and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in53Ind.Cas.184
AppellantJnanada Sundari Chowdhurani and ors.
RespondentJilapi Bewa and ors.
Cases Referred and Protap Narain Mukerjee v. Biraj Dasi
Excerpt:
landlord and tenant - adverse possession by tenant--acquisition of limited interest. - .....brought this suit for recovery of possession of certain land on establishing her title thereto, both the courts below have granted the plaintiff a decree declaring her title but held that she was not entitled to khas possession. the finding is that the defendants, who are tenants of the plaintiff in respect of other lands, have been occupying the land in suit for more than 12 years claiming the right of tenancy thereto. the rulings cited in the judgment of the lower appellate court, ishan chandra mitter v. raja bamranjah chakarbutty 2 c. l. j. 125., raktoo singh v. sudhram ahir 8 c. l. j. 557. and protap narain mukerjee v. biraj dasi 20 ind. cas. 823; 19 c. l. j. 77., fully support the decisions of the courts below that on the facts found by them the defendants must be.....
Judgment:

Newbould, J.

1. The plaintiff-appellant brought this suit for recovery of possession of certain land on establishing her title thereto, Both the Courts below have granted the plaintiff a decree declaring her title but held that she was not entitled to khas possession. The finding is that the defendants, who are tenants of the plaintiff in respect of other lands, have been occupying the land in suit for more than 12 years claiming the right of tenancy thereto. The rulings cited in the judgment of the lower Appellate Court, Ishan Chandra Mitter v. Raja Bamranjah Chakarbutty 2 C. L. J. 125., Raktoo Singh v. Sudhram Ahir 8 C. L. J. 557. and Protap Narain Mukerjee v. Biraj Dasi 20 Ind. Cas. 823; 19 C. L. J. 77., fully support the decisions of the Courts below that on the facts found by them the defendants must be held to have acquired a limited interest in the land by adverse possession.

2. The appeal fails and must be dismissed with costs.


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