Judgement

Appeal (No. 10 of 1933) from a decree of the High Court (December 11, 1930) partly confirming and partly reversing a decree of the Additional Subordinate Judge at Alipore (September 22, 1927).

The principal point for determination was whether the appellants (defendants) had proved their title to the property in dispute, No. 18, Kaila Sarak Road, Kidderpore, Calcutta. They alleged that in 1830 a predecessor of the plaintiff granted to one Sobrati a mourasi mokarari kayemi patta, and that in 1856 Sobrati granted a dur-mourasi patta to Korban Ali Serang, who, in 1912, transferred his rights to

82 Law. Rep. 63 Ind. App. 85 ( 1935- 1936) Surendra Krishna Roy V. Mirza Mahammad Syed Ali Matwali

Anwar Miah, who, in turn, in 1914, sold them to the original defendant in the present action.

The facts appear from the judgment of the Judicial Committee.

The Subordinate Judge accepted as genuine documents of 1830 and 1856 and, holding that the defendants had made out a permanent tenancy right, gave to the plaintiff a declaration of his superior title to the land but dismissed his prayer for khas possession.

An appeal by the plaintiff to the High Court was allowed. The learned judges (M