JUDGMENT

R.C. Mitter, J. - This appeal is on behalf of the defendant, and is directed against an order of the Addl. Subordinate Judge of Chittagong, dated 18th June 1934, by which he reversed the judgment and decree of the Munsif, First Court, Chittagong, and remanded the case to the trial Court. The judgment is not very clear and the ordinary portion is ambiguous.

2. One Uma Charan Choudhury and others were the owners of a long strip of land which is described as Dag 792. He divided this Dag into three portions, the eastern portion, middle portion and the western portion. On 27th April 1911 he sold the eastern portion to Tara Charan and Jogendra. The plaintiff purchased it from Tara Charan and Jogendra. The middle portion was sold to the defendant and the western one to one Ishan. There are measurements given in all these three conveyances, it being stated that the breadth of each of these parcels of land is eighteen cubits and four fingers. The defendant constructed his house and to the east of his house there is admittedly a pucca drain belonging to the defendant. The disputed land is a small strip of land north to south in length to the immediate east of this drain. The plaintiff