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1938 Supreme(Cal) 18

S. K. GHOSE, PATTERSON
Sabitribai Debi – Appellant
Versus
Jugal Kishore Das – Respondent


JUDGMENT

S.K. Ghose, J. - These two second appeals arise out of two suits which along with other two suits were tried analogously. The two suits in question are Suit No. 17 of 1931 and Suit No. 72 of 1932. The plaintiffs' case is that Mouza Daskalgram appertains to certain touzis which are held in ejmali by him and the pro forma defendants and that the plaintiffs had two-annas odd share in the land in Suit No. 17 and four annas odd share in the land in Suit No. 72. In the Record of Rights however, the lands were erroneously recorded in touzi No. 1247 which belongs exclusively to defendant 1. The plaintiffs' case is that the lands in Suit No. 17 appertain to eleven touzis and the lands in the other suits appertain to ten touzis held jointly by them and the pro forma defendants. They accordingly brought the suits for declaration of their title to the aforesaid lands and confirmation of possession. The only contesting defendant is defendant 1. Her defence is that the Record of Rights is correct and that the lands appertain exclusively to her touzi No. 1247. The Subordinate Judge gave a decree in favour of the plaintiffs. Then there was an appeal by defendant 1 alone. In that appeal she

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