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1950 Supreme(Cal) 51

LAHIRI, GUHA
Manohar Das – Appellant
Versus
Charu Chandra Pal – Respondent


Advocates:
Dr. Naresh Chandra Sen Gupta, Purushottam Chatterjee and Asoke Chandra Sen, for Applt - Chandra Sekhar Sen and Baidyanath Banerjee, for Resps.

JUDGMENT. - These seven appeals are on behalf of the pltf and arise out of as many suits for recovery of khas possession, or in the alternative for assessment of fair and equitable rent. The case of the pltf is as follows: The lands in all the suits are situate in Mouza Nala appertaining to Touzi No. 1 of the Burdwan Collectorate. The Maharaja of Burdwan, as owner of Touzi No. 1 granted a Mourashi Mokrari settlement of the lands in suits to the predecessor-in-interest of the pltf about 200 years ago. The pltf is the Mohant of a Math which is very ancient institution and the Maharaja of Burdwan made the grant to the original Mohant of the Math. The pltf further alleges that all the lands appertain to the Mal assets of the Maharaja and belong to the pltfs Mokrari Mahal in Mouza Nala. The defts predecessors, according to the pltf, were Chakrandars. Subsequently the chakran lands were resumed and possessed in Khas by the pltf. Lastly, the pltf granted Bhag settlement of the lands in dispute to the predecessor-in-interest of the defts. It is alleged that during the last cadastral survey operations in 1334-1335 the defts and their predecessors colluded with the pltfs Gomastha named Annad











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