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1979 Supreme(Gau) 25

K.LAHIRI
Jagneswar Nath – Appellant
Versus
Jatra Mohan Sarkar – Respondent


Advocates Appeared:
M.C. Deb, Roy and P.K. Majumder, A.K.S. Choudhury

Judgement

JUDGEMENT :- The Plaintiff claims that he is a poor school teacher. He sued for getting khas possession on declaration of his right, title and interest in the suit property. He claims that he purchased the suit land appertaining to Jote No. 72 of Mouja Doulbari, P.S. Sabroom from Jibananda Ghosh, the owner of the suit property by a registered sale dated 10-4-1962 and continued to possess the same. On the eastern and western sides of the suit land there are Government khas tillas. The predecessor-in-title of the plaintiff possessed some tilla slopes and included them within Jote No. 72 and possessed the same for more than 12 pears. The plaintiff claimed that he had purchased Jote No. 72 land and also the tilla slope lands and continued his act of possession. He claimed that the land measured 2 Kanis and 7 gandas in Jote No. 72. During the absence of the plaintiff the Defendant ploughed over his land on 21-4-1962 A. D. (8-1-1369 B. S.) and dispossessed him from the land. In due course the land appertaining to Jote No. 72 was measured and found to be 11 gandas and 1 kara of land. The Plaint was amended accordingly. As such, the suit land measured 1 kara 11 gandas in Dag No.












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