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1939 Supreme(Cal) 160

LATIFUR RAHMAN, B. K. MUKHERJEA
Smt. Ashamoyi Basu – Appellant
Versus
Sarbatosh Sen – Respondent


JUDGMENT

B.K. Mukherjea, J. - This appeal is on behalf of the plaintiff and it arises out of a suit for establishment of the plaintiff's title to the extent of 7i annas share of the land in suit and for recovery of possession of the same jointly with defendants 2 to 7. The facts of the case lie within a narrow compass, and are for the most part undisputed. The land in suit which is described as a garden land is situated within Mouza Dakhineswar and appertains to three touzis, viz. touzi Nos. 63, 163 and 166 of the 24. Parganas collectorate. It is admitted that the lands of these three touzis are not demarcated and that the proprietors of touzi No. 166 have a proprietary right to an undivided 7i annas share of the land in suit. This touzi No. 166 was put up to sale for non-payment of arrears of revenue and it was purchased by one Kazi Rashid Zaman on 27th March 1922 and he took possession on 9th June 1923. The legal representatives of Kazi Rashid sold the touzi to the present plaintiffs by a registered kobala on 26th January 1925. The plaintiff asserts that after her purchase she annulled encumbrances and under-tenures under the touzi by issuing proclamation in the locality and givin

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