SIR JAMES WILLIAM COLVILE, SIR MONTAGUE EDWARD SMITH, SIR ROBERT P.COLLIER
RAM GOPAL ROY – Appellant
Versus
GORDON STUART & CO. , SECRETARIES TO THE BENGAL COAL COMPANY, PERSHAN CHUNDER CHATTERJEE, – Respondent
Judgement
The questions raised in this appeal were first, one respecting boundaries, involving a claim by the Appellants to 4,975 beegahs of land as part of Mouzah Gopalpore, but resisted by the principal Respondents, as being part of and within their village of Gopeenathpore, and secondly, the practice, in a question of title relating to land, of the Mofussil Courts admitting copies of a Grant or Deed as evidence of the original.
The Respondents claimed possession of about 5,600 beegahs of jungle land, as falling within the boundaries of their village of Gopeenathpore. Of the entire area in dispute the Revenue Authorities had, by a survey Award, given possession to Government of 4,975 beegahs and 625 beegahs to the Appellants, as proprietors of Mouzah Gopalpore. The suit was brought to set that Award aside. The Judge of Bheerbhoom, Mr. O. W. Malet, was of opinion, that the Plaintiffs had failed to prove their alleged boundaries, and that they were also barred by the Act .of limitation of suits, and dismissed the suit as against both the Government and the Appellants. On appeal to a division Bench of the High Court, consisting of the Justices Steer and Levinge, that Court held, tha
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