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1932 Supreme(SC) 46

Sri Chandra Churdeo and others – Appellant
Versus
Laldhari Prasad Singh and others – Respondent


Advocates Appeared:
Joseph Nissin, A.S. Kamlani, W. Wallach, A.M. Dunne

Lord Wright.-

The action out of which this appeal arises was instituted on 30th September 1921, and was for possession of certain lands, 48 bighas, and some odd cottahs in mauza Naya Gaon. The plaintiffs, now the first two respondents, claimed the proportionate share as purchaser under deeds of July 1921, whereby they purchased a 12 annas' share in the mauza. Appellants, as defendants, resisted the claim for possession on the ground that the disputed lands were raiyati holdings, of which they were tenants, the title under which as transferees they held dating back many years and having been recognized in the khatian of 1902. For present purposes the history of the relevant village titles may be traced back to 1882, when the zamindars, who were throughout absentee landlords, began to grant certain leases to a Mr. Crowdy, who started an indigo factory in the mauza. He or his successors may be referred to herein as the Factory, the name by which it was called being Bheriahi. The leases included a permanent lease of 23 bighas (not material in this case), on which the buildings were erected, and various other thika leases. Under these latter leases there was continuous possession by the









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