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RICHARDSON, N. M. CHATTERJEA
Maharaj Kumar Shoshi Kanta Acharji Chowdhury Bahadur – Appellant
Versus
Raja Sarat Chandra Roy Chowdhury – Respondent
JUDGMENT
1. This appeal is from a determination of the Court below contained in a judgment, dated the 5th April 1916, upon a question raised u/s 47 of the Code in regard to the construction of a decree.
2. The decree (dated the 27th March 1905) was obtained by the respondent Raja Sarat Chandra Roy against Raja Surja Kanta Acharjya, the predecessor of the appellant, Raja Sashi Kumar Acharjya. There was an appeal to this Court which was dismissed on the 22nd May 1908. A further appeal to the Privy Council was also dismissed on the 20th July 1914 Surja Kanta Acharjya v. Sarat Chandra Roy Chowdhwy 25 Ind. Cas. 309 : 18 C.W.N. 1281 : 20 C.L.J. 563 : 16 M.L.T. 290 : 27 M.L.J. 365 : 1 L.W. 807 : (1914) M.W.N. 757 : 16 BL.R. 925 (P.C.). The result was that the decree of the first Court stood con firmed without modification.
3. The suit related to a considerable area of land in the possession of the appellant which the respondent claimed as part of an estate which he had purchased at a sale held for arrears of revenue. The respondents success was not complete but partial. It was held that he was entitled to so much of the land as fell within the boundaries of his estate as shown in a Revenue S
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