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1923 Supreme(Cal) 86

MOOKERJEE
Dwijendra Narain Roy – Appellant
Versus
Joges Chandra De – Respondent


JUDGMENT

Mookerjee, J. - These are two appeals by the first and the second defendant respectively, in a suit for recovery of possession of land and mesne profits, upon declaration of title. The facts material for the determination of the questions in controversy are beyond dispute and may be briefly recited.

2. On the 17th January, 1913, the first defendant executed four documents in favour of the plaintiff, namely:

(1) a patni patta in respect of lands described in schedule ha of the plaint;

(2) a darpatni patta in respect of lands described in schedule kha of the plaint;

(3) a mourasi mokrari patta of the de-buttar lakhraj resumed chakran lands described in schedules ga, gha and una of the plaint; and

(4) a maurasi mokrari patta of the aima and resumed chowkidari chakran lands described in schedule cha of the plaint.

3. The first and second documents were taken in the name of the plaintiff himself; the third and fourth documents were taken by the plaintiff in the name of the third defendant. On the 19th March, 1913, the four documents were tendered for registration. The executant at first admitted but subsequently denied execution. The result was that the Sub-Registrar refused registrat

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