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MITTER
Gopi Krishna Saha – Appellant
Versus
Surendra Nath Chaudhury – Respondent
JUDGMENT
Mitter, J. - This is an appeal u/s 15, Letters Patent, from a judgment of my learned brother S.K. Ghose, J. The suit in which this appeal arises was brought by the plaintiff who is the appellant before us for additional rent for excess area. The Court of first instance dismissed the suit. The lower appellate Court gave a modified decree to the plaintiff granting additional rent for an excess of 70 bighas odd only. On appeal to this Court, S.K. Ghose, J., has allowed the appeal and has restored the decree of the Munsiff, dismissing the plaintiff's suit. Hence this present appeal u/s 15, Letters Patent.
2. The plaintiff's case is that he has purchased the Putni and Dar Putni rights of mouza Chatiani in the year 1334 B.S. The defendants are said to be the holders of a jote bearing rent of Rs. 34-10-8 per year. The case made by the plaintiff in the plaint further is that this rent was assessed with reference to an area of 78 bighas odd without specific boundaries on a standard of 18 inches to a cubit and that the jama was not a mokarary jama. It was further stated that according to the finally published record-of-rights, which records were published in 1925, the defendants are p
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