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1953 Supreme(Cal) 162

SEN GUPTA, MITTER
BHOLANATH DHAR – Appellant
Versus
GOUR GOPAL – Respondent


Advocates Appeared:
BIBHUTI BHUSAN DAS GUPTA, BINAYAK NATH BANERJEE, HEMENDRA NATH BANERJEE, S.S.MUKHERJEE

SEN, J.

( 1 ) THIS revisional application is directed against an order of Sri S. L. Banerji, Magistrate first class, Alipore, in a proceeding under Section, 145, Cr. P. C. , declaring the first party's right to the possession of the disputed ]and and forbidding disturbance of such possession by the second party. The disputed land is the eastern half of c. s. plot 113 of 'mouza' Gangarampur, P. S. Behala Measuring. 09 acre, on the Cattle Shed Road of South Suburban Municipality. C. Section Plot 113 in its entirety measuring. 18 acre belonged to Pramatha Nath, Mukherji, who sold the western half by a 'kabala', on 7-3-20 to Gopal Dhar, father of Bholanath Dhar, second party-petitioner 1, and who sold the eastern half of the plot on the same day to Haripada Maity by another 'kabala'. Haripada Maity is the tenant recorded in the c. s. 'khatian' in respect of the eastern half of the plot, i. e. in respect of the disputed land. The first party Gourgopal Chakravarti purchased the disputed land on 24-9-47 by a 'kabala' in the name of his wife Suprova Debi from the heirs of Haridapada Maity who died in 1944. The case of the first party was that ever since the purchase in the name of his wif









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