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1964 Supreme(SC) 4

B. P. SINHA, J. C. SHAH, N. RAJAGOPALA AYYANGAR
Suraj Rattan Thirani – Appellant
Versus
Azamabad Tea Company LTD. – Respondent


Advocates:
B.P.MAHESHVARI, B.SEN, K.DATTA, N.R.Ghosh, P.K.GHOSH, S.T.DESAI, SALIL GANGULY

Judgment

AYYANGAR, J.: This is an appeal preferred by virtue of a certificate of fitness granted by the Calcutta High Court against its judgment by which the decree passed by the Subordinate Judge of Darjeeling was substantially affirmed.

2. The plaintiffs are the appellants before this Court. The suit out of which the appeal arises was brought by the appellants claiming title to and the recovery of possession of a property known as the Azamabad Tea Estate which comprised about 378 acres of land in Touzi No. 911 of the Darjeeling Collectorate. This property was set out in Schedule A to the plaint and besides a claim was also made to certain other items of the movables and certain other tenures, but this appeal is not concerned with these others which were set out in Schs. B and C to the plaint.

3. One Kazi Azam Ali was admittedly a full owner of this entire property and the proceedings giving rise to the appeal are concerned with the rights of his heirs to it. The plaintiffs claim their title on the basis of various purchases from the heirs of this Azam Ali. The contesting defendants were the Azamabad Tea Co. who also claim the entire property as transferees from the National Agency

























































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