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1923 Supreme(Cal) 407

RANKIN, B. B. GHOSE
Sailaja Nath Roy Chowdhury – Appellant
Versus
Rishee Case Law – Respondent


JUDGMENT

Rankin, J. - The plaintiffs brought the suit out of which this appeal arises u/s 106 of the Bengal Tenancy Act to have a certain entry in the record-of-rights corrected. The subject matter of the suit appears to be a two-storied building with the tank and orchard round it and some tenanted lands, the area of the whole being some sixty bighas. The building and the tank appear to be in the centre of a village which has become a municipality. The record-of-rights treated the matter thus That these lands were in the possession of the plaintiffs and that they were liable to be assessed with rent by the zemindars. Now the plaintiffs themselves are fractional owners of the zemindary and the contesting defendants come in by purchase of an eight-anna interest in the zemindary, the purchases having been made somewhere between 1287 and 1290 B.S. The case made by the plaintiffs is that there was an old Brahmattar grant made in 1165 B.S. to one Annada Prosad Mookerjee, that his son was Durga Charan Mookerjee and his grandson was Guru Charan Mookerjee, that Guru Charan died some time before 1287 B.S. and that he had a son called Annada Charan Mookerjee. The plaintiffs say that by a kobal

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