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1976 Supreme(Gau) 4

B.N.SARMA, K.LAHIRI
Mahmad Ali and others – Appellant
Versus
Akram Ali and others – Respondent


Advocates Appeared:
A.K. Laskar, A.M. Mazumdar and M.A. Laskar

Judgement

SARMA, J.:- This is a Letters Patent Appeal against the judgment and decree of the learned Single Judge dated 8th August, 1974 passed in First Appeal No. 45 of 1965 modifying the decree of the trial court.

2. The plaintiffs brought the suit for declaration of his title to the suit land, for confirmation of possession thereon as well as for partition. The suit land originally appertained to cadestral patta No. 129 which stood in the names of two brothers, namely, Anchal Mea, predecessor of the plaintiff and Latu Mea, predecessor of the defendants. The patta covered an area of 74B. 19k. and 4Ch. The cadestral patta was resurveyed in five pattas during the first resettlement operation. The five resettlement pattas are first R.S. Patta Nos. 165, 179, 180, 181 and 182. These five R. S. Pattas were again resurveyed during the second resettlement operation in nine pattas, namely, second R. S. Patta Nos. 261, 248, 249, 250, 251, 231, 240, 253 and 254. The original pattadars, namely, Anchal Mea and Latu Mea died leaving several heirs, each. Although each of them left several heirs, there is no dispute now that the plaintiff Mosaid Mea who was the son of Anchal Mea came to be the own























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