Law: Civil Procedure Code (V of 1908)

Section: 2 (2)

P L D 1957 Dacca . 91         Civil Procedure Code (V of 1908),   O.II, r.2 (2) and O.XXI, r.35-structures Whether revenue purchaser entitled to structures raised by the defaulting proprietor-Demolition of structures not prayed in first suit, whether may be the decree-holder in possession" in O. XXI, r.35 (3) do not include demolition of structures.   A purchaser at a revenue sales acquires the land which alone is charged for payment of to the revenue. He does not acquire the structures raised thereon by the defaulting proprietor, who, not being a trespasser at the of raising such structures, is entitled to remove or get compensation for the same.   Juggobandhu Mukherjee v. Ram Chunder Bysak 1 L R S Cal: 584 (F B), .Toggobond!ru Mitter v. Purnanund Ghosaml 1 L R 16 Cal. 5::0 (F B), Thakur Sri Sri Radha Krishna Chandorji v. Ram 8ahadur 27 ' C L ) 191 P C, Adyanath Ghatak v. Krishna Prasad Singh 53 r W N 883 P C, Thakur Chunder Paramanick v. Ramdhore Bhatracharjee 6 W R 228 (F B), Shibdoss Banerjee v. Baman Doss Afookerjee 15 W R 360, Maharaja Surja Kanta Ach,lrjya Bahacur (since deceased) Sarat Chandra Roy Chowdhury 18 C W N 1281 (1285)P C, Narayan Das Khettry v. Jatindra Nath Roy Chowdhury and "others L R 54 I A 218 and Ballabhadas Naranji v. Develop ment Officer, Bandra L R 561 A 259 (262-63) ref.   Where in a former suit for possession against the default ing proprietor, the revenue purchaser did not pray for demolition of the structures, his prayer for the same in a subsequent suit was held to be barred under sub-rule (2) of rule 2 of O. 11 of Civil P.C. as the cause of action was identical in both the suits.   The words "or any act necessary for putting the decree holder in possession " occurring in sub-rule (3) of r. 35 of O. XX1 of the Code o? Civil Procedure, do not include demolition of structure.   Radha Gobind Shaha v. Brijendra Kodmar Roy Choudhury 18 W R 526, Maharaja Bir Bikra:n Kishore Manikya Bahadur v. Raj Kumar Pal and another 38 C W N 105 1, Mr. K. K. Das v. Sin. Angina Khatun Bibi and another 44 C W N 247, Pyari Charan v. Monomathanath Banerjee 88 C L J 27, Government…