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RICHARDSON, N. R. CHATTERJEA
Maharajkumar Shoshikanta Acharjya Chowdhury – Appellant
Versus
Raja Sarat Chundra Roy Chowdhury – Respondent
JUDGMENT
1. This appeal is from a determination of the Court below, contained in a judgment, dated the 5th April 1916, upon a question raised u/s 47 of the Code in regard to the construction of a decree.
2. The decree (dated the 27th March 1905) was obtained, by the respondent Raja Sarat Chandra Roy against Raja Surja Kanta Acharjya, the predecessor of the appellant, Raja Soshi Kanta Acharjya. There was an appeal to this Court which was dismissed on the 22nd May 1900. A further appeal to the Privy Council was also dismissed on the 20th July 1914 Maharaja Surja Kanta Acharjya Bahadur v. Sarat Chandra Roy Chowdhury 25 Ind. Cas. 309 : 18 C.W.N. 1281 : 27 M.L.J. 365 : 16 M.L.T. 290 : (1914) M.W.N. 757 : 6 Bom.L.R. 925 : 1 L.W. 807 : 20 L.J. 563 (P.C.). The result was that the decree of the first Court stood confirmed without modification.
2. The suit related to a considerable area of land in the possession of the appellant, which the respondent claimed as part of an estate which he had purchased at a sale held for arrears of revenue. The respondent's success was not complete but partial It was held that he was entitled to so much of the land as fell within the boundaries of his estate as
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