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1939 Supreme(SC) 8

Anath Nath Biswas and others – Appellant
Versus
Dwarka Nath Chakravarti and others – Respondent


Advocates Appeared:
Nevill, Barrow Rogers , Hy.S.L. Polak and Co., W.W. Box and Co., S. Hyam, L.P.E. Pugh, W. Wallach, J.M. Pringle, Sir T.J. Strangman

Sir George Rankin:-

In the books of the Collectorate of the 24-Parganas touzi No. 151 was an estate bearing a land revenue of Rs.39,786 and divided into two blocks. The larger block or Burra Hudda consisted of 104 villages scattered throughout the district and to it was allocated over Rupees 37,000 of the annual revenue. The smaller block or Chota Hudda consisted of seven villages: about Rs. 2000 of the revenue was allocated to it, and its lands lay on the outskirts of Calcutta. In each block the zamindary right was vested in a number of persons and in each a number of separate accounts had been opened under the Bengal Land Revenue Sales Act (11 of 1859). The three sets of plaintiffs-appellants now before the Board were all interested in Burra Hudda Rai Dwarka Nath Chakravarti Bahadur (respondent 1) was interested in both and had a separate account or accounts in each. In Burra Hudda he had an interest in some 30 villages : in Chota Hudda he had a one-half interest in respect of which ho had been allotted in severally by a final decree for partition about 100 bighas.

By the end of 1927 the owners of two separate accounts in Burra Hudda-numbered 7 and 8-had defaulted in payment of the

















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