1934 (4) TMI 17

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....urvey 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 commissioner and he submitted a map and ....

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....ghas 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, decided in 1916 by Sir Lancelot Sanderson....

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....f 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 boundaries as stated in his patta. In supp....