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1946 Supreme(Cal) 201

F. Mcdonald – Appellant
Versus
Mahammadin Azad – Respondent


JUDGMENT

Chakravartti, J. - The suit out of which this appeal arises was brought by the appellant for a declaration of her title to the eastern portion of a plot of land, bearing C. S. Dag No. 1834 and for recovery of its possession from defendant 1 on removal of certain obstructions set up by him. The trial Court decreed the suit, but on appeal the lower appellate Court dismissed it The plaintiff's case was that plot No. 1834 appertained to Mouza Ismail and belonged to one Ramanuj Roy as a part of that Mouza which he held in a rent-free tenure under the Panchakote Raj. By a registered potta, dated 29th June 1926, Ramanuj granted her a mokurari lease of a portion of this along with another plot and since then she had been in possession by growing vegetables thereon till March 1940, when she was dispossessed by defendant 1. The latter, taking advantage of her absence from Asansol, erected some brick pillars and also put up a thatched shed. This he did under a false claim that the land appertained to a jama of Rs. 130-9-7 in Mouza Budha which was held by certain persons in a mokarari tenure under the Panchakote Raj. The claim made by defendant 1 was on the basis of certain wrong entri

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