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SUHRAWARDY, CHOTZNER
Kali Prosanna Bhaduri – Appellant
Versus
Rani Hemanta Kumari Debi – Respondent
JUDGMENT
1. The suit out of which this appeal has arisen relates to some plots of char lands in the bed of the river Boiran. Both the Courts below have decreed the plaintiffs' suit mainly on the finding that that part of the river was within the Zemindari of the plaintiff and the pro-forma defendants. The defendants have appealed and three points have been urged in support of the appeal.
2. In the first place, it is contended that the Court of appeal below has not only not given due weight to the Thak map but on the contrary has attached undue weight to the revenue survey map. It is conceded that according to the Thak map this part of the river would be included in the Zemindari of the -defendants which is contiguous to that of the plaintiff. According to the Revenue survey map the position would be otherwise. With reference to the Thak map the learned Subordinate Judge has accepted the reasons given by the Munsif for accepting the revenue survey map as correct in including the river in question within mouza Alamnagar the plaintiffs taluk. The reason given by the Munsif for his view is that he was so satisfied on a consideration of the whole evidence in the case which consisted of Go
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