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1958 Supreme(Cal) 115

B.N.BANERJEE, RENUPADA MUKHERJEE
HAJI MUMTAJUDDIN – Appellant
Versus
DEBENDRA NATH SEAL – Respondent


Advocates Appeared:
Benoyendra Prasad Bagchi, Hari Charan Banerjee, KASHI NATH MITRA, P.N.MITTER

RENUPADA MUKHERJEE, J.

( 1 ) TWO questions have arisen for our decision in this appeal, first, what is the true location and identity of the land purchased by plaintiff respondent, Debendra Nath Seal, at a collectorate sale held on 22-12-1931 for arrears of land revenue and secondly, whether the claim of the plaintiff respondent is barred by limitation or adverse possession. These questions have arisen on the following allegations of the plaintiff in his plaint,

( 2 ) ONE David Alexander Wills was the owner of a holding in Dihi Panchannagram, Division 5, Sub-division J, of 24 Parganas Collectorate bearing No. 87 of Smart's survey and No. 104 of the old survey and also bearing a Sadar Jama of -/6/7 pies. The holding was sold through the collectorate of 24 Parganas for arrears of land revenue and purchased by the plaintiff respondent who obtained a sale certificate. The plaintiff attempted to take delivery of possession through the collectorate but was resisted by one Pannalal Rajak and others on the ground that the land really purchased by the plaintiff was a different land and the land of which the plaintiff wanted to take possession was really holding No. 105 and not 104 of the o
















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