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1955 Supreme(Pat) 30

S.K.DAS, BANERJI
Jadunandan Prasad – Appellant
Versus
Bhagwat Mahton – Respondent


Judgment

Das, J.

1. This is a second appeal by the plaintiffs. It has been referred to a Division Bench by a Single Judge of this Court. The principal question for determination in this second appeal is if the claim of the plaintiffs with regard to 5.55 acres of land comprised in holding No. 206, tauzi No. 8163, is barred by reason of the provisions of Sec. 47, Civil P. C. The learned Munsif who dealt with the suit in the first instance held that the claim was not barred. The learned Subordinate Judge on appeal held that the claim was barred; hence this second appeal by the plaintiffs.

2. The appellants had brought their suit for a declaration of their title and confirmation of possession in respect of the lands of two holdings, 5.55 acres of land comprised in holding No. 206, and 1.04 acres of land comprised in holding No. 208 in village Haspur Chak Shakoor, bearing tauzi No. 8163. The learned Munsif gave a decree to the present appellants in respect of their entire claim. The learned Subordinate Judge on appeal dismissed the claim of the appellants with regard to holding No. 206, but confirmed the decision of the learned Munsif with regard to the lands in holding No. 208. The pres













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