Kolkata Court April 1934 Judgments

Mokam Haldar Vs. Naimaddi Shaikh

Court: Kolkata

Reported in: AIR1935Cal28

M.C. Ghose, J.1. This is an appeal by the plaintiff in a suit for declaration of title to certain lands and recovery of possession. The lands in suit comprised three cadastral survey plots Nos. 1049 1116 and 1117. These plots together make up an area of 26 bighas. The plaintiff claimed these lands on the strength of a patta obtained from the patnidar, Annadaprasad Mukherji, in 1326. In that patta the area of the land demised to the plaintiff was stated as measuring by guess three bighas. A local investigation was made by a commissioner and he submitted a map and a report. The commissioner reported that in his view the land in dispute was comprised within the boundaries of the plaintiff's patta. The trial Court accepted that view and decreed the suit. In appeal by the defendants the learned Subordinate Judge did not accept the conclusion of the commissioner that the lands in suit are identical with the lands demised to the plaintiff by the patta of 1326. On going through the report of t...