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1957 Supreme(Cal) 73

S.C.LAHIRI, S.K.SEN
ONKARMAL AGARWALLA – Appellant
Versus
BIRESWAR HAZRA – Respondent


Advocates Appeared:
CHANDRA NARAYAN LAIK, Debi Prasad Pal, Girija Bhusan Hazra, P.N.MITTER, PURUSHOTHAM CHATTERJI, S.C.MITTER

S. C. LAHIRI, J.

( 1 ) THE subject matter of dispute in this appeal by the plaintiffs is subsoil right in an area of 382 acres of land out of which 340 acres appertain to R. S. mouza Sangramgarh and 42 acres to R. S. mouza Samdi. These two mouzas are two of 32 mouzas of Taraf Achra and they appertain to four Touzis, viz. , Tauzi Nos. 21, 22, 23 and 24 of the Manbhum Collectorate, 1/3rd to Tauzi No. 21, 1/6th to Tauzi No. 23 and the remaining 1/2 share to Tauzis Nos. 22 and 24. According to the plaintiffs all the four tauzis are parts of a permanently settled estate known as Pandra Estate which consists of three branches, the senior branch being known as Pandra Raj, another branch being known as Sambandhapur Babus and the third and the juniormost branch as Jemeri Thakurs. According to some family arrangements the Pandra Raj which is represented in this litigation by Raja Sam Sundar Sing (Defendant No. 22) became entitled to Tauzis Nos. 21 and 23 and the Sambandhapur Babus to Tauzis Nos. 22 and 24. At some time in the past now lost in antiquity Raja Saheb Sing, the founder of the Pandra Estate made a grant of 32 villages included in Taraf Achra to his youngest son, Shib Sing, who is






































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