1934 (4) TMI 17

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....n suit comprised three cadastral survey plots Nos. 1049 1116 and 1117. These plots together make up an area of 26½ 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 commis....

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....an area of land measuring three bighas beginning with the boundaries on the north and west. 2. In appeal, it is urged that the procedure adopted by the learned Subordinate Judge was wrong, that he had no authority to set aside the finding of the commissioner and to adopt only a part of his report. The learned advocate has quoted the case in Tirthabasi Singha v. Bepin Krishna 1917 Cal 573, decid....

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....d Subordinate Judge misdirected himself in holding the view that the plaintiff was entitled to only three bighas of land as stated in his patta. It is urged that the plaintiff obtained settlement by his patta of 1326 of jungli lands and that the area was put by guess and not by measurement and that, in the circumstances, the plaintiff was entitled to all the lands, which were found within the boun....

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....as 346 bighas. In appeal, the High Court found that the area found in the defendant's possession was 275 bighas. Their Lordships of the Judicial Committee held that the defendants were bound to pay rent for the whole of the land within the boundaries, although it had been arrived at on the basis of 400 bighas in area. In the present case, the area obtained by the plaintiff by his patta was thr....