High Courts(1922) 03 CAL CK 0031

Shiam Lal Saha and others vs Mt. Fulia and another

Calcutta High Court · Decided on 10 March 1922

RESULT
Dismissed
CASE NUMBER
S.A. No. 296 of 1920

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Judgment

2 paragraphs · 140 words
1.

This appeal arises out of a suit for recovery of khas possession. The land in dispute is found to be the joint property of the pro forma defendant Gangahari Saha and the two principal defendants. Gangahari Saha is found to have been in exclusive possession of this land till his lessee the plaintiff was dispossessed by the defendants. It is also found that Gangahari Saha and the principal defendants were each in possession of some property exclusively for convenience. On these findings we hold that the plaintiff was entitled to the decree which he has obtained. We may refer to the case of Jaganath Prasad v. Bodri Prasad (1912) 34 All. 113 which followed the decision of this Court in Kumudini Mozam v. Rasik Lal Mazumdar (1907) 11 C.W.N. 517.

2.

The appeal fails and is dismissed with costs.