The Calcutta Law Journal 1916

The Court decreed the claims of the sons of C. L. and made a similar decree in favour of the sons of M. M. On appeal the decree in favour of the sons of C. L. was affirmed but that in favour of the.ons.of M. M. was set aside on the 22nd February 1904. [...] 16 of 1905 whereby the said Court confirmed the judgment of the second Court of the Subordinate Judge of 24-Pergunnahs dated the 29th day of December 1906 except as to a small portion of the property the subject matter of the action not now the subject of appeal and save as aforespid gave judgment in favour of the plaintiff now one of the respondents. [...] But his death made no difference in the mode of dealing with the income of the eight houses or in the general condtion of the family which was that of an ordinary Hindu joint family of which Haney Madhub the eldest male member was the karts. This state of things continued until 189r when the events took place which gave rise to the litigation of 1596 and also form the subject of the prese [...] 4 to 6 are sub-tenants of defendants r to 3. In this action the plaintiffs ask for a declaration that the right of the plaintiffs as stated in the plaint may he declared in the trees in the land described in schedule (Ka) in the plaint which as I undestand include all the trees on the land demised by the plaintiffs and for a permanent injunction restraining the defendants from oposing the pl [...] The effect of this clause in my judgment is to exclude the trees from the lease and that such trees remained in the khas possession of the plaintiffs ; the lessees however being granted a license to enjoy the fruits and flowers of the said trees at the permission of the plaitiffs.