Chatterjee Estates, Ltd. – Appellant
Versus
Dhirendra Nath Roy – Respondent
JUDGMENT
1. This is an appeal on behalf of the Plaintiff No. 1 in a suit for declaration of its title to 965 bighas 15 cottas of land. Plaintiffs' case is that this disputed land is the northern portion of mouza Pachakari, called Kismat Pachakari, appertaining to touzi No. 49 of the Jessore Collectorate. The case of the Defendant No. 1 who is the only contesting Defendant in this case is that the disputed land is a part of mouza Kedarerdanga, appertaining to touzi No. 250 of the said Collectorate, lying to the immediate north of mouza Pachakari. The trial Judge gave judgment in favour of the Plaintiffs. The learned District Judge on appeal by the Defendant No. 1 to the lower Appellate Court has reversed that decision and has dismissed the Plaintiff's suit. Plaintiff No. 1 appeals to this Court. The only point for determination in this appeal is whether the disputed land is a part of mouza Pachakari, appertaining to touzi No. 49 or to mouza Kedarerdanga, appertaining touzi No. 250. In order to prove his title. Plaintiff No. 1 relies upon the thak Survey map of 1856 and Revenue Survey map of 1857. In the case of Jagadindra Nath Roy v. Secretary of State for India ILR 30 Cal. 291; S.C.
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